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INSTANCES OF CHILD SEXUAL ABUSE ALLEGEDLY 
PERPETRATED BY MEMBERS OF 


THE CHURCH OF JESUS CHRIST OF 

LATTER-DAY SAINTS 

A HISTORY- 1959-2017 
SIC LOQUITUR PRO SE 

Compiled by Deborah J. Diener RN BSN CLNC 


WE CANNOT CHANGE WHAT WE FAIL TO CONFRONT 


Child abuse dramatically increases the risk of 7 out of 10 of the leading causes of death; decreases life expectancy 
by 20 years; and this damage is passed genetically generation after generation. The lifelong health effects of child 
sexual abuse include: 


Brain atrophy; Suicide risk- GIRLS 2-4 times the risk and BOYS 4-12 times the risk; Psychological problems; 
Anorexia Bulimia; PTSD; High risk behaviors such as drug and alcohol abuse; Promiscuity and 
exploitation;Teenage pregnancies are higher than the norm in child sexual abuse victims; COPD 2-5 times the 
risk; Hepatitis 2-5; times the risk; Depression 4-5 times the risk; Lung cancer 33% higher risk; Ischemic heart 
disease 3.5 times the risk; ADHD 2.5 times the risk; & Self Harm. There is a substantial increase in 
delinquent acts leading to more incarcerations by a victim vs the general population. There is a high 
association with child abuse resulting in homelessness. 1 


Child predators on average, will abuse 175 children in their lifetime; some have admitted to over 1000 children. 2 
Researchers at Harvard have determined that “there is no cure for pedophilia” therefore the focus should be on 
protecting our children. 3 

A child predator will abuse 50-75 children before he is caught, but only 3% of predators are apprehended. 4 

According to experts, 86% of child sexual abuse is never reported and it is a world wide epidemic with over 40 million 
survivors. 


The damage from abuse is far reaching! It costs our country billions of dollars every year. 5 


INCLUDED IN THIS DOCUMENT ARE EXACT QUOTES FROM PUBLIC DOCUMENTS (ACTIVELY RESEARCHED 
UNTIL 2014): 

1 . Legal Complaints, Court Orders on Motions, and Appellate Court Rulings. 

2. Documents from the Boy Scout IV files 6 

3. News Articles 


In 1986, Marilyn Sandburg the former director of the Weber County (Utah) Task Force on Sexual Abuse addressed LDS 
Social Workers at an AMCAP (Association of Mormon Counselors and Psychotherapists) meeting stated: 

“Most of these abuse cases were referred to the legal system by individuals other than religious leaders, and yet in many 
of the cases the abuse had been brought to the attention of clergy members long before it was reported to the authorities." 
"One particular incest case I worked with had been reported to six different bishops, and none of those bishops reported it 
to the authorities. The molestation continued for a period of eleven years.” 7 

IN 2013 a lawsuit was filed in Berkeley County (West Virginia). The suit “alleges that the Church and church leaders 
covered up the sexual abuse of 12 children occurring over a period of five years by Christopher Michael Jensen. The 
children were ages 3 and 4 at the time of the abuse. The suit states that the church was repeatedly put on notice or had 
knowledge about allegations that Jensen had sexually abused children of church families.” 

Perpetrators of abuse target organizations where children are likely found. And child Predators are purposely 

charming and amicable but extremely manipulative. 8 They can fool even experts. We must use every opportunity to limit 


access to children by these perpetrators and report them if special knowledge of abuse is confessed, reported, or 
suspected and let the experts determine if a crime has in fact been committed. 

This church is the first in a series of research about churches and their response to child perpetrators using 
historical public documents compiled chronologically. The hope is that this research (and others forthcoming) will 
educate members so that they will encourage their organizations to report abusers immediately, rather than stand behind 
priest penitent privilege or encourage the abuser to self report. 

Dates are reflective of when the abuse began or the date a legal document was filed. 

1 https://www.cdc.gov/violenceprevention/acestudy/ 
https://www.dropbox.eom/s/8i1 c0pk03zsafz7/RESEARCH%20ARTICLES.docx?dl=0 

2 Salter, A. C. . Predators: Pedophiles, rapists and other sex offenders: New York: Basic Books, 2003 page 13-14 & 
Harlow, Nora and Abel, Gene G. M.D., The Stop Child Molestation Book: December 24, 2001 

3 http://www.health.harvard.edu/newsletter_article/pessimism-about-pedophilia 

4 Gene G. Abel et al ., Self-Reported Sex-Crimes of Non-lncarcerated Paraphiliacs, J. InterpersonalViolence 3 (1987) 

5 https://www.cdc.aov/violenceprevention/childmaltreatment/economiccost.html 

6 http://spreadsheets.latimes.com/boyscouts-cases/ 

7 scholarsarchive.byu.edu/cgi/viewcontent.cgi?article=1260&context=irp 

8 http://www.vachss.com/auest_dispatches/arooming.html 


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06/23/59 Oklahoma 


LDS Bishop Samuel H. Gardner (AKA Mercer) allegedly abused a child. The child stated, 
"When I was fifteen years old, I was being sexually abused by my bishop," GARDNER- 
Samuel H. Gardner 2 pdf. 


“Bishops begin interviewing children when they are young. Mormon children are supposed 
to be interviewed by the bishop when they are eight years old to see if they are ready for 
baptism. When a boy reaches the age of twelve, he is interviewed by a bishop to see if he is 
worthy to receive the Aaronic Priesthood. This interview is conducted behind closed doors. 


These interviews continue as the boy advances in the priesthood. Unfortunately, some 
Mormon bishops have been accused of using these interviews as an opportunity to sexually 
abuse young men. Since the bishop is supposed to have special authority from God, sexual 
advances by the bishop tend to greatly confuse young men. Furthermore, it is very difficult 
for those who are abused to accuse the bishop of wrongdoing. Consequently, they tend to 
bottle up their feelings. 

Jack McCallister, who was formerly a bishop in the Mormon Church, felt that it was very 
improper for one individual to be alone with a young man and ask all kinds of questions 
related to sexual matters.” 


“Standard Church policy is that two priesthood officers must be present to handle Church 
funds, a check and balance system to prevent financial error and inhibit the temptation to 
steal. And the Church conducts regular financial audits. How many priesthood officers are 
required to conduct a personal worthiness interview with a youth? One. And there are no 
procedures for auditing the actions of these leaders for inappropriate behavior." (Case 
Reports, page 205) 

“Jack McCallister was especially concerned about these worthiness interviews because he 
himself was abused by his bishop in his office. He related the following: 


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“We were the only ones in the meetinghouse. We shook hands and he put his arms around 
me. He told me how much the Lord loved me. He felt directly inspired tonight to call me 
down to his office.... He asked if we could pray together before we talked. He said a lot of 
really nice things about me to God... I felt very special and very humble. It was one of the 
most beautiful, heartfelt, eloquent prayers that I've ever heard on my behalf, asking the Lord 
to bless me, watch over me, care for me, and assuring the Lord of what a fine wonderful 
young man I was.... Then we sat down in two chairs in front of his desk. He pulled his chair 
up really close to mine, looked me straight in the eyes through his pink-tinted bifocal lenses. 
I could see he still had tears in his eyes from the prayer. 'What sincerity!' I thought. 'Maybe 
some day I can learn how to talk to God with such powerful impressive prayer language." 
(Ibid., pages 167-168)” 

“After some conversation about temporal matters, the bishop proceeded to discuss sexual 
matters with him and eventually molested him. This abuse caused severe trauma to Jack. 
He wrote:” 

"I couldn't figure out what was going on. He was the bishop. I was the obedient but 
unworthy servant. He was God's chosen leader on earth. Whatever he did was directly 
authorized by God. My thoughts raced around." (Ibid.) 

“Jack McCallister decided to keep the matter secret. Even though he eventually became a 
bishop, his suffering did not end. To add to his own pain, he learned that his own son was 
also victimized by another Mormon bishop. In a letter to Gordon B. Hinckley, the current 
president of the Mormon Church, Jack and his wife, Merradyth, expressed their dismay that 
things were being swept under the rug.” 

Salt Lake City Messenger Utah Lighthouse Ministry Tanners Newsletter #91 
http://www.utlm.org/newsletters/no91 .htm 
Case Reports of the Mormon Alliance, Vol. 1, 1995. 
http://mormon-alliance.org/casereports/volumel/vl.htm 


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12/13/60 California 

LDS Jene Albert Hansen listed as Mormon in the Boy Scout perversion files. News 
clipping from Hayward Review states "an irate Dad violently attacks Hansen" Hansen is 
listed twice in the BSA files and was in 2 different troops. 

HANSEN-Jene Albert Hansen 2.pdf. 
http://documents.latimes.com/iene-albert-hansen/ 

01/15/61 California 

LDS William Shubeck allegedly abuses a 1 5 year old. The plaintiff, "at the behest of and 
with the knowledge of The Church of Jesus Christ of Latter-day Saints (the Church), was 
the victim of sexual abuse by defendant." 

SHUBECK-William Shubeck-Kathleen B v pdf 
http://www.leaale.com/xmlResult. aspx?xmldoc=in caco 

20091 209076. xml&docbase=cslwar3-2007-curr 

01/01/63 Rexburg, Idaho 

LDS LaVar Withers "Over 125 women and children (some as young as 13 years old) came 
forward to the Rape Crisis Response Center to tell of his abuse over a thirty year period. 
Numerous women had told their Bishops of his abuse through the years." “some victims 
have alleged that Mormon Church officials ignored their pleas for help or actually 
discouraged them from pursuing charges against the doctor. ” 

WITHERS-Dr.Lavar Withers.pdf 

http://www.deseretnews.com/article/455960/DID-REXBURG-IGNORE-TALK-OFABUSE-BY- 

MD.html?pa=all 

http://www.oocities.ora/wsimister/ldscourt.htm 

http://www.utlm.ora/newsletters/no91 .htm 

01/03/65 Idaho 

LDS Larren Arnold allegedly abuses 13 year old, "Arnold's ecclesiastical leader.. had 
firsthand knowledge of child sexual molestations of one or more Scouts. No charges were 
filed as the mother was talked out of it at the time by church leaders" 


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ARNOLD-Larren Bybee Arnold 3.docx. 

http://www.kellyclarkattorney.com/mormons-boy-scouts-tarqets-of-new-suit/ 

http://bloa.oreaonlive.com/breakinanews/2008/Q2/suit_alleaina_child_sexual_abu.html 

Another case was filed June 7, 2012 Tom Doe v the COP which contends that Tom (a 
pseudonym) the Plaintiff was sexually abused at the age of around 1 3 by Arnold and the 
"Church... ’’Knew that the Scouting program itself posed a danger to adolescent boys 
because the Scouting program had shown a concrete, longstanding, consistent, and 
widespread problem with sexual abuse by Scout leaders and adult volunteers. 
ARNOLD-Larren Bybee Arnold 2.pdf 

Verbatim from http://www.idahoboyscoutabuse.com/perpetrators/larren-arnold/ 

Perpetrator: Arnold, Larren - Mormon 
Place: Caldwell, Nampa, Pocatello 

Troop & Location: Grand Teton Council-Tendoy Area, Ore-lda Council 106 
Years in BSA: Put in IV Files in 1991, Scouting from 1963-1989 
Description/Convictions: 

Accused of molesting scouts in the 1960's, 70's and 80's. Convicted of Lewd Conduct with a 
Minor in October, 1984 
Evidence of LDS Knowledge: 

Fall of 1964 per the deposition of Richard White in the case of Tom Doe v LDS/BSA#2:08- 
cv-371-SL) taken 1/7/09 

Timeline for Larren Bybee Arnold: 

DOB: 8/30/1935 SSN Issued in Idaho 
1964 Molested Scout (s) Nampa LDS Troop 

Father of scout reports abuse to LDS Bishop Hales, who was also the Scout 
Executive for Ore-lda Council. The father followed up with the Bishop and was told 
that it was being taken care of. Nothing was ever done, and Larren Arnold remained 
active for 20 years. 


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1984 

Arrested for Lewd Conduct with a Minor Under Sixteen (molested a nine year-old 
boy) in Bannock County. Pled guilty and convicted. Received a five year suspended 
sentence and three years of probation. His probation terms included not having any 
association with children except while in the company of another adult and/or adults. 
He was released from probation on June 1, 1988. 


1985 

Moved to Pocatello per letter from Kim Hansen. Had been active in the Ore-lda 
Council until that time. 


11/14/89 

Letter from Paul Ernst to Hart Bullock of the Great Salt Lake Council inquiring 
about the child sex molestation charges on Arnold. 


02/15/90 

Second request sent to Great Salt Lake Council. 


04/05/90 

Letter from Paul Ernst to Kim Hansen, Ore-lda Council Scout Executive requesting 
info on Arnold. 

05/31/90 

Letter from Kim Hansen to Paul Ernst regarding the whereabouts of Larren Arnold. 
Letter states “...Mr. Arnold’s ecclesiastical leader and had first-hand knowledge of 
child sexual molestation of one or more Scouts. No charges were filed as the mother 
was talked out of it at the time by church leaders.” 

06/12/90 

Letter from Paul Ernst to Brad Allen, Scout Executive of the Grand Teton Council 
regarding Arnold. 


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09/10/90 

Second request from Paul Ernst to Brad Allen for info on Arnold 
01/08/91 

Third request from Paul Ernst to Brad Allen for info on Arnold. 

01/17/91 

Larren Arnold place in the IV Files. 

2008 

Suit filed against BSAand Mormon church by O’Donnell, Clark & Crew. Got moved 
to Idaho Federal Court and settled last fall. 

http://www.idahoboyscoutabuse.com/perpetrators/larren-arnold/ 

ARNOLD-Larren Bybee Arnold 4.pdf 

For informations on the Tom Doe v the COP case see: Tom 

DOE, v. CORPORATION OF THE ASSOCIATION OF THE PRESIDING BISHOP OF THE 
CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS; Corporation of the President of 
the Church of Jesus Christ of Latter-Day Saints and Successors; Boy Scouts of America; 
and ORE-IDA Council, Inc., Boy Scouts of America, Defendants. No. 08-CV-371-SU. 

2009 WL 2132722 OREGON 

Tom DOE v. PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER- 
DAY SAINTS; President of the Church of Jesus Christ of Latter-Day Saints; Boy Scouts of 
America; Ore-lda Council of the Boy Scouts of America, Defendants. No. 1 :09-cv-00351- 
BLW. 2012 WL 3782454 IDAHO 

Tom DOE, v. CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS 
CHRIST OF LATTER-DAY SAINTS, a foreign corporation sole registered to do business in 
the State of Oregon; Corporation of the President of the Church of Jesus Christ of Latter- 
Day Saints and Successors, a foreign corporation sole registered to do business in the 


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State of Oregon; the Boy Scouts of America, a congressionally chartered corporation, 
authorized to do business in Oregon; and Ore-lda Council, Inc., Boy Scouts of America, an 
Idaho non-profit corporation doing business in Oregon, Defendants. No. 1 :09-cv-00351- 
BLW. 2012 WL 2061417 IDAHO 

A copy of all the Tom Doe v the COP documents are in my possession. 

01/01/66 South Dakota 

LDS Richard Joseph White, a missionary, sexually abused a 10 year old. The complaint 
alleges that "The Church actively and fraudulently concealed information pertinent and 
relevant to claims relating to the sexual abuse.. for the purpose of protecting itself". 

"The Church's policy was to ignore indications and warnings of abusive behavior by its 
missionaries and to fail to report such conduct." 

WHITE-Richard White COMPLAINT 2.pdf 

Joseph v. Corporation of the President Church of Jesus Christ of Latter-Day Saints et 
alCase 4:06-cv-04143-JES Document 1 Filed 08/17/2006 Page 1 of 7 

01/15/66 Utah 

LDS George Tilson From 1966-2002 "the COP received several complaints. .that Tilson 
was sexually abusing children within his ward. However, COP not only failed to do anything 
in response to these complaints, it actively concealed Tilson's sexual abuse from its 
members and secular authorities. Moreover, COP allowed Tilson to continue to hold the 
positions of High Priest and scout leader." TILSON-George Tilson 2 Jane Doe v the 

COP. pdf 

If 1 Plaintiffs Jane Doe (Jane) and John Doe (John) appeal from the trial court's order 
dismissing their negligence claims against the Corporation of the President of The Church 
of Jesus Christ of Latter-day Saints (COP or the Church) on the basis that Jane's claim was 
untimely and John's claim was statutorily barred. We affirm. 

*430 BACKGROUND^] 

If 2 For many years, Jane and her son John were members of the Church and regularly 


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attended a ward in the Salt Lake Holladay Stake. [2] George Tilson was also a member of 
the Church, and held the positions of "High Priest"[3] and scout leader within the Church. 

If 3 Beginning in 1966 and continuing through 2002, COP received several complaints from 
its members that Tilson was sexually abusing children within his ward. [4] However, COP not 
only failed to do anything in response to these complaints, it actively concealed Tilson's 
sexual abuse from its members and secular authorities. Moreover, COP allowed Tilson to 
continue to hold the positions of High Priest and scout leader. 

If 4 Two of Tilson's victims during the time period that he was alleged to have engaged in 
child sexual abuse were Jane and John. In the summer of 1976, Tilson enticed Jane, who 
was then thirteen years old, into his home where he fondled her under her clothing. Tilson 
sexually abused John, Jane's son, some time between 1993 and 1996 when John was 
approximately five years old. John's abuse also occurred in Tilson's home after Tilson lured 
him away from a neighbor's yard where he was playing. 

If 5 In the fall of 2001 , Jane learned of news reports that led her to believe that COP had 
prior knowledge of Tilson's propensities to sexually abuse children. Jane's subsequent 
investigation of these reports ultimately prompted her to file a complaint in June of 2002 
against Tilson, alleging that he had sexually abused Jane and John, and against COP, 
alleging negligence, breach of fiduciary duty, and intentional infliction of emotional distress 
arising out of Tilson's alleged sexual abuse. In response, COP filed a motion to dismiss, 
pursuant to rule 12(b)(6) of the Utah Rules of Civil Procedure. Shortly thereafter, Plaintiffs 
filed a Notice of Constitutional Challenge to Utah Code Annotated section 78-12-25.1 
( 2002 ). 

If 6 On November 5, 2002, the trial court granted COP's motion to dismiss. The trial court 
dismissed Jane's negligence and breach of fiduciary duty claims on the basis that the 
applicable statute of limitations had run. The trial court dismissed John's negligence and 
breach of fiduciary duty claims on the basis that section 78-12-25.1(5) allows an action for 
negligently permitting sexual abuse to be brought against only "a living person." The trial 
court dismissed Plaintiffs' claims for intentional infliction of emotional distress for the same 
reasons it dismissed their other claims, and also because their claims were prohibited under 
the Establishment Clause of the First Amendment to the United States Constitution. Finally, 


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the trial court rejected John's claim that section 78-12-25.1(5) violated the open courts 
provision of the Utah Constitution because no special relationship existed between COP 
and John, and therefore, COP had no duty to protect John from Tilson. 

If 7 In response to the trial court's ruling, Plaintiffs filed an amended complaint. On May 5, 
2003, the trial court dismissed the amended complaint for the same reasons it had 
dismissed the original complaint. Plaintiffs timely filed their notice of appeal. 

TILSON-GeorgeTilson 4.pdf 

http://caselaw.findlaw.com/ut-court-of-appeals/1082809.html 

03/07/66 Florida 

LDS Emmett White is placed in the BSA confidential files but he assures the district scout 
executive that "he had not approached any Scouts of Scouters sexually." 

WHITE-Emmet White-BSA file.pdf. 
htto://documents. Iatimes.com/emmett- white/ 

06/23/66 Utah 

LDS Lee Dalton, "has admitted to molesting 43 boys." over the years. He was incarcerated 
for child molestation. “More than a decade ago, Dalton served 3 1/2 years in the state 
prison at Gunnison for molesting a boy. The statute of limitations has run out on the dozens 
of other crimes against boys he admits to abusing starting in the mid-1960s.” 

“He was allowed decades of exposure to young boys both as a Scout leader and as a 
teacher in the Ohio towns of Hiram and Burton. His Bishop still called him to lead a scout 
troop but had safeguards in place to assure that he was never alone with a Scout." 

DALTON-Lee Dalton 1.pdf 

http://www.standard.net/stories/2013/08/16/oaden-molester-admits-sexuallv-abusina-43- 

bovs-overdecades 

Ogden molester admits sexually abusing 43 boys over decades By JaNae Francis 
Standard-Examiner Mon, 08/19/2013 


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02/23/67 California 

LDS Joel Elisia Houck Jr. "June 27th 1 966 served 1 0 days for vagrancy when a small 
child accused him of section 288. P (lewd and lascivious acts with a child under age 4). 
February 21st, 1967 Picked up by police... for 288 P Placed on BSA confidential files Feb 
23rd, 1967. 

HOUCK-JoelHouck-BSA File.pdf. 
http://documents.latimes.com/ioel-elisla-houck-ir/ 

01/01/68 Mesa, Arizona 

LDS Larry Judd "always seemed to be involved in scouts and girls’ youth groups 
associated with an LDS church in Mesa. His involvement seemed natural; he was a teacher 
by profession. Of course, that involvement made a different kind of sense when he admitted 
to molesting 12 girls over a period of about 20 years. In what one church member described 
as “a letter writing campaign, the court considering his case received 45 letters of Judd’s 
behalf. Meanwhile, the family of one of his victims had to move from its home because of 
the turmoil in the neighborhood shared with Judd. Another mother told police, “It’s very 
difficult because he [Judd] comes from, you know, a strong family, good people and, you 
know, people just kind of keep insinuating to me, don’t, don’t rock the boat here, he’s a good 
man, you know.” 

JUDD-Larry Judd 1 .pdf 

Lisa Davis “Sins of the Temple” December 22- 28 1 994 

Phoenix New Times 
http://www.childpro.ora/ 

https://drive.aooale.eom/file/d/OB E9N KN9xzxbWNadnVldDE1 LUE/edit 

http://documents.latimes.com/larrv-wriaht-judd/ 

01/15/68 Arizona 

LDS Richard Kenneth Ray "This case involved molestations of a two year-old girl whom 

Ray and his wife babysat for a year and a half. The suit alleged negligence for the Church's 
failure to report Ray to authorities and in counseling offered to Ray. This case was the 
subject of an Arizona Court of Appeals ruling that the priest penitent privilege waiver did not 
apply because the perpetrator later confessed to police. The court ordered Mormon Bishops 


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to reveal what Ray had told them about prior molestations. The Church settled the case on 
January 9, 1 990, the day of trial, for an undisclosed amount." 

RAY-Richard Kenneth Rav.pdf http://childpro.ora/ldscases.html 

In the CHURCH OF JESUS CHRIST V. SUPERIOR COURT with regard to this case: 

“In this special action, The Church of Jesus Christ of Latter-Day Saints invokes the 
clergyman/penitent privilege on behalf of three of its officers, asserting that, as lay priests of 
the church, they are privileged to resist certain discovery orders of the superior court. The 
Church also asserts that defendant Kenneth Ray, a former member now excommunicated, 
is privileged as a penitent to resist the court's discovery orders.” 

Conclusion 

For the reasons stated in this opinion, we accept review, but deny relief. 

CONTRERAS, P.J., and KLEINSCHMIDT, J„ concur.” 

OPINION 

FIDEL, Judge. 

https://casetext.com/case/church-of-jesus-christ-v-superior-court 

Plaintiff Cynthia Brown on behalf of child v COP.pdf 

05/01/68 Portland, 

Oregon 

LDS James Hogan "The plaintiff in the suit alleges that church elder James Hogan forced 
him to engage in various sexual acts between 1968 and 1973, when "M.D." was 8 to 13 
years old. Hogan was a member of the Portland 12th ward” 

“According to the lawsuit (filed in 2002), in 1988 and 1989 Hogan pleaded guilty to two 
felony child abuse charges and in 1990 settled a civil suit involving one of those victims and 
a third boy.” 


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Hogan stopped working with Boy Scouts in 1984 and was excommunicated from the LDS 
Church in 1989, Christian said.” BUT Hogan was placed on the BSA Ineligible files on June 
4, 1974! 

The church breached or neglected its duty to protect the plaintiff from Hogan, whom it knew 
to be a pedophile." "A lawsuit filed in Portland in January seeks more than $120 million 
from the LDS Church for 12 victims it says were molested as children by a church elder in 
the 1970s and 1980s. " 

HOGAN-James Hogan 1.pdf 

http://culteducation.com/group/1057-the-mormon-church/14339-lds-church-is-tarqeted- 

inlawsuit.html 

In the BSA Files there is a letter, dated March 27, 1981 , from Second Counselor Stake 
Presidency Daniel D. Allen to Mr. Bruce Winston BSA: 

“Dear Bruce: The purpose of this letter is to put to rest the unresolved allegations on record 
for James Hogan. Mr. Hogan is a member of the Portland First Ward in the Portland 
Oregon Stake of the Church of Jesus Christ of Latter-Day Saints. Having discussed this 
matter thoroughly with Bishop Willis Packham of the First Ward, and President Herb Hill 
who is our Stake President, I am completely satisfied that the accusations on record are 
completely without substance. The matter was reviewed thoroughly by the ecclesiastical 
authorities at the time of the complaint and again just recently in connection with recent 
callings extended to Mr. Hogan. In essence, Jim has a great love for young people and 
occasionally demonstrates this feeling with an embrace of other physical contact. He has 
been counseled to be careful as this action has the potential of being misinterpreted in spite 
of its total innocence. I hope that this will be sufficient to clear his record and allow him to 
serve in the scouting organization. If I can be of further help don't hesitate to contact me. 
Sincerely, Daniel D Allen Second Counselor, Stake Presidency.” 

Hogan was placed on Probation from his previous sexual assault of children due to this 


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letter and ultimately removed from BSA probation in 1974 and, allowed to work again with 
children in the BSA program. He then was accused of sexually assaulting more children 
and when he tried to re-register on April 26 th , 1990 there is a note from Ernst (BSA official) 
stating that “REFUSE-take off PROBATION-lawsuit against LDS CHURCH by parents for 
sexual molestation by Hogan.” 

HOGAN-James Hogan Smoking gun letter from stake president.pdf and 

HOGAN-James Hogan 2-BSA File.pdf 
/http://documents. latimes.com/iames-f-hoaan/ 

08/15/68 South Dakota 

LDS Robert Lewis White "A former Mormon missionary accused of molesting an American 
Indian boy in the 1960s denies the allegation, and the church wants a federal judge to 
decide the case before it goes to trial." "Joseph is an American Indian who lived with his 
family in Sioux Falls from 1966 to 1968, according to the lawsuit. The abuse happened at 
White's apartment in Flandreau, it states. White was based at the Northern Indian Mission 
in Rapid City and was assigned to Flandreau, in eastern South Dakota, where the 

Flandreau Santee Sioux Tribe is located.. 

Carson Walker from the Associated Press on July 26, 2008 reported that "according to a 
court document, Joseph and the church have resolved the dispute and a federal magistrate 
judge dismissed it with both parties paying their own costs" 

Lawyers for both sides say they can't discuss it. Joseph was 11 or 12 years old at the time 
of the alleged abuse." 

WHITE-Robert Lewis.pdf 

http://www.deseretnews.com/article/695236496/LDS-Church-asks-for-rulina-on-sexabuse- 

case.html?pa=all 

01/02/69 Palmdale, 

California 

LDS Wyman C. Blankenship was placed on the BSA Confidential file in 1969. Within the 
file is a letter which reads: "1 have been advised that Wyman C. Blankenship, Assistant 
Scoutmaster of Troop 335 Palmdale has been arraigned on charges of molesting boys. The 
arrest came after an investigation by the Los Angeles County Sheriff Department. He pled 


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guilty and was released on parole with the condition that he no longer involve himself with 
any youth program. He was also active in the little league Baseball program. He was 
released after being registered under Penal Code 290 as a sex offender. The registration 
department of the council has been alerted to pull his plate and remove him from the troop 
records. The sponsor, Palmdale Ward of the LDS church is aware of the situation. Would 
you please initiate a letter to the National Council putting him on the confidential file? Sorry 
to bring you bad news but thanks to a cooperative school principal and law enforcement 
agency we are able to stop it at this point. Sincerely Richard S Gilber district Scout 

Executive Antelope Valley District. (letter to Mr. H.C. Mugar, Scout Executive San Fernando 
Valley Council Boy Scouts of America 12955 Saticoy Street Van Nuys, California 91405" 

BLANKENSHIP-Wyman Blankenship-BSA Files.pdf 
http://documents.latimes.com/wvman-blankenship/ 

01/01/70 Oregon 

LDS Franklyn Curtis abused "Plaintiff Jeremiah Scott, 22, of California and Jeremiah, sued 
the church in Oregon state court after an LDS ward Sunday school teacher was convicted 
of repeatedly sexually abusing him in Portland when he was 11 years old. The suit alleges 
negligence and intentional infliction of emotional distress, claiming church officials knew 
Franklin Richard Curtis was a pedophile, but did not warn Scott's parents before they took 
Curtis into their home. 

Church attorneys have told Scott the church is able to pay punitive damages of $162 
million, or twice the amount of the largest punitive damages award in Oregon history. But 
they say his request that the church produce any documents it has detailing income and 
financial interests, including tithing revenue and property values, goes too far. 

The church, which stopped releasing financial information in 1959, contends such 
disclosures would violate its First Amendment right to operate free from government 
entanglement. 

A Multnomah County judge in May allowed Scott to seek punitive damages, after his 
attorneys argued Scott's case and others like it showed a pattern within the church of failing 
to report, warn members about and prevent the sexual abuse of children. "This case is 


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about making the church live by the same laws the rest of us have to in protecting children," 
said lawyer Jeffrey Anderson of St. Paul, Minn., who represents Scott together with 
Bellevue, Wash., attorney Timothy Kosnoff....The lawsuit claims Foster knew Curtis had a 
history of sexually abusing children dating back to the 1 970s, but gave him access to young 
children as a teacher and did not warn parents, including Scott, because Curtis had 
repented. He died in 1995." 

CURTIS-Franklin Richard Curtis 1.pdf 

https://www.culteducation.com/aroup/1057-the-mormon-church/14Q73-sex-case-may-pry- 

open-finances-of-lds-church.html 

"The ruling stems from a 1998 lawsuit by Jeremiah Scott, now 21 , of Washington state. He 
accused a Church of Jesus Christ of Latter-day Saints high priest of sexually abusing him 
repeatedly in 1990 and 1991, in Portland, when he was 11. The high priest was later 
convicted of the charges. 

The high priest, Franklin Richard Curtis, was 87 at the time of the abuse and has since died. 
The Oregonian typically does not name sex-abuse victims, but in this case, Scott 
consented. At issue is what the church knew about Curtis' past and when. Scott's lawsuit 
claims that the church knew of Curtis' past sex abuse when Curtis moved in with Scott's 
family but didn't warn them. When he moved to Oregon, Curtis had been excommunicated 
from a ward in Pennsylvania for sex abuse. Curtis was re-baptized in 1984, according to 
court records.... Curtis became a member of the Rocky Butte Ward in Portland, where he 
sexually abused at least five children, according to the plaintiff's lawsuit. He was confronted 
by the Rocky Butte bishop and admitted the molestations. The bishop kept it quiet until 
parents began to complain, and then he only reported to Salt Lake City superiors of the 
church, not police, the complaint states. Then Curtis joined the Brentwood Ward, where he 
told then-Bishop Gregory Lee Foster that he had abused in the past, and Foster kept it quiet 
because Curtis said he'd repented.” 

CURTIS-Franklin Richard Curtis 2.pdf 


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http://www.culteducation.com/aroup/1057-the-mormon-church/13941-iudae-orders- 

mormonsto-provide-sex-abuse-records-.html 

LISA DAVIS, an investigative reporter wrote about Curtis and the case against the Church. “The 
other narrative is a real-life legal thriller. As Davis shows, Kosnoff and his partners tirelessly 
assembled the case against the church, sifting through records, tracking down victims, and 
convincing them to testify about Brother Curtis’s acts. What began as a case of one plaintiff turned 
into a complex web stretching across multiple states. Joined by what would become a team of 
attorneys and investigators, Kosnoff found himself up against one of the most insular institutions in 
the United States: the secretive and powerful Mormon church.” 

http://www.simonandschuster.com/books/The-Sins-of-Brother-Curtis/Lisa- 

Davis/9781451612851 

01/01/70 Washington 

LDS Jack Laholt (aka Loholt) "This action arises from sexual abuse suffered by plaintiff at 
the hands of Jack LoHolt in the early to mid-1970s. At that time, Mr. LoHolt was a member 
of the Mormon church in the Kent 2nd Ward. Mr. LoHolt held several leadership positions 
within the church at various times throughout the 1970s 

In 1971, church member, and later Bishop, Richard Pettit informed the then-Bishop of the 
Kent 2nd Ward, Randall Borland, that Mr. LoHolt had abused his son while on a Boy Scout 
campout, at which Mr. LoHolt was the Scout leader. In late 1972 or early 1973, Bishop 
Borland received another complaint that Mr. LoHolt had sexually molested children in the 
church's Boy Scout program. Bishop Borland apparently confronted Mr. LoHolt, who denied 
the accusations, but admitted that he had been abusing three boys from the Allenbach 
family. During this time period, Mr. LoHolt had been residing in an apartment on the 

Allenbach property. 

Shortly after Mr. LoHolt's admission to Bishop Borland, Dr. Allenbach apparently learned of 
the abuse and asked Mr. LoHolt to vacate the premises. The record shows no evidence that 
anyone reported Mr. LoHolt to the authorities at that time. However, Bishop Borland 


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temporarily removed Mr. LoHolt from the Boy Scout program and referred him for sexual 
deviancy therapy at LDS Social Services. Mr. LoHolt apparently remained in therapy at LDS 
Social Services for one year, where, he asserts, he was truthful about his actions and 
behavior. There is nothing in the record to indicate that LDS Social Services ever reported 
Mr. LoHolt to the authorities. 

After Mr. LoHolt's treatment ended, the Kent 2nd Ward allowed him to return to assisting 
with the Boy Scout program. Mr. LoHolt would supply transportation and would go on hikes 
and campouts with the boys. In October 1973, he was appointed as the Wards' Assistant 
Venturer Leader working with Scouts age 14-16. In February 1974, Mr. LoHolt became the 
lead Scoutmaster of the Kent 2nd Ward. Mr. LoHolt admits that he continued to molest boys 
throughout this time period. 

In 1 973, Phillip Coleman had become the Bishop of the Kent 2nd Ward. Bishop Borland did 
not advise him of the previous complaints about Mr. LoHolt. However, in 1974, Bishop 
Coleman learned that Mr. LoHolt was abusing children. The record shows no evidence that 
Bishop Coleman reported the allegations to the authorities, or removed Mr. LoHolt from his 
duties within the church." Ouote from Plaintiff Ever since I was a teenager, I had thoughts of 
suicide, and I thought of -when I began to drive, I thought of, like, crashing into a truck or 
something. And so even to this day, I have thoughts of suicide and depression, anxiety. I've 
never been at my ~ I mean, we talked about my education. I'm very educated, I've shown 
that I can do super in school, but I've never - I think because of my personality, and 
whatever, I haven't been able to work in the capacity to what I'm educated at. Never have 
really - realizing my full potential. Now I'm teaching and I've been teaching under contract 
for two years, and I love teaching kids, and I love the subject that I teach, but my last 
evaluation was not a stellar evaluation, based on maybe personality or communicating. I still 
- I still live at home, because I've - I find that a very protective atmosphere, with mom and 
dad. It's safe. And I have significant anger problems, I think still - and still - I just have 
unresolved psychological conflicts, and I'm not - I just - it's been my life, you know, that's 
just how it has been for me ever since I can remember, since I was abused by Jack. . . ." 


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LAHOLT-Jack LaHolt 1 Fleming v The President of the Church of Jesus Christ of Latter Day 
Saints.pdf 

https://casetext.com/case/flemina-v-corporation-of-the-president-of-the-church 

Six more boys file suit against the COP."Plaintiffs and Amici respond that lifting the veil of 
secrecy on child sexual abuse is the primary method by which the child sexual abuse 
problem in our society will be reduced, minimized, or hopefully eradicated." 

LAHOLT-Jack Laholt 5 Jack doe v the COP 5.pdf. (see all 7 documents regarding 

LAHOLT). 

http://caselaw.findlaw.com/or-supreme-court/1603479.html 

https://www.unitedstatescourts.ora/federal/wawd/143863/3-0.html 

01/15/70 Washington 

LDS Gary Reese "BSA Scoutmaster and LDS leader... actively groomed the boys under his 
charge for later sexual molestation. Plaintiffs RD and CD were allegedly abused on multiple 
occasions.... during BSA troop meetings at Reese's home, while on Scouting hikes and 
campouts and at the LDS Ward facilities in Lakewood. CD informed the local LDS Bishop 
that Reese had molested him. In response the LDS Bishop advised that the LDS Church 
was aware of Reese's misconduct and had taken care of the issue." 

REESE-Gary Reese 1-RD and CD v COP Complaint.pdf (copy in my possession). 
https://dockets.iustia.eom/docket/washinaton/wawdce/2:2010cv01006/168480 

01/31/70 Utah 

LDS Ron abused a child and the victim, now an adult, writes the following: 

"1 met the man who sexually molested me, (I'll call him Ron,) at a priesthood meeting during 
this time of turmoil at home. He had been assigned as my Teacher's Quorum advisor. At 
first, Ron was just another man in the ward. We would occasionally meet at his home for 
presidency meetings, but other than that, 1 would only see Ron only at Church. 1 contacted 
Ron two years ago, in 1996, and confronted him about what he had done to me. He was 
serving as counselor in a Southern California Stake Presidency. Sadly, he denied any 


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wrong doing, and claimed shock by my allegations. He sent me a letter adamantly stating 
that nothing inappropriate had ever happened between us, and that 1 had . . betrayed and 
misrepresented his investment in my life; of time, energy and care.". Curiously, a second 
letter followed where his tone had considerably mellowed, but unfortunately, he would not 
admit to any wrong doing, nor would he apologize for the sexual and emotional devastation 
he had caused me. (He owns a good chunk of that Mormon 'smugness' other readers have 
mentioned). What Ron did not remember was, 1 had kept a LOVE letter of his all these 
years. Even back then, 1 knew to keep this letter. No one--not even a family member--has 
ever expressed love for me like Ron did in this letter. 1 took Ron's correspondence, including 
his twenty-some year old love letter, copied it, and mailed it to his Stake President. Five 
months later, 1 finally received a letter from his Stake President. He showed general concern 
and hoped 1 would be able to move on with my life. He also said that he acted on my letter 
and called Ron in and talked to him about my allegations. Unfortunately, the Stake 

President felt Ron was "owed confidentiality" regarding their meeting. All 1 thought was, 
"Confidentiality for a perpetrator? This is exactly how molesters thrive!" Since Ron was in 
the bishopric when he sexually abused me, 1 wrote back to the Stake President and 
informed him that a church court must take place. This is Church protocol. This was in June, 
1997, and 1 have not as of yet, received a response and have been ignored." 

RON-Ron-a pseudonym.pdf (copy in my possession). 

02/16/70 Washington 

LDS Gary Reese is accused of sexually abusing two more boys.. "The plaintiffs, identified 
only as T.S. and W.S. in the lawsuit, allege Reese fondled their genitals during Scout- 
related functions in the 1970s and performed other “lewd and lascivious acts. Reese, who is 
not named as a defendant, also served as a church youth leader, high school seminary 
teacher and adviser to the bishop, which put him in a position of religious authority over the 
alleged victims, the lawsuit states.They are the second pair of men to make such claims. 

Two others - identified as R.D. and C.D. - filed a federal lawsuit against the Boy Scouts 
and the Mormon church last year.They are the second pair of men to make such 
claims. Those men, who are brothers, allege Reese sexually abused them, including 
fondling and raping them. One of the men contends he told the local LDS bishop about the 


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abuse. The plaintiffs in the most-recent case - W.S. and T.S. - say the fact that C.D. and, 
reportedly, his mother told LDS officials about the alleged attacks is evidence the church 
knew about Reese’s alleged activities before they joined his troop." 

REESE-Gary Reese 3.pdf 

http://www.bishopaccountabilitv.ora/news2011/09 10/2011 09 09 Lvnn ExIakewoodScout. 

htm 

https://www.unitedstatescourts.ora/federal/wawd/168480/12-0.html 

05/01/70 Oregon 

LDS Michael Simms " A former Woodburn resident has alleged he was sexually abused by 
a local music teacher at the Church of Jesus Christ of Latter-day Saints (LDS) in Woodburn. 
The alleged victim, who has called himself David Doe, is now 46 years old. He says the 
abuse took place at a Mormon church in Woodburn, between the ages of 11 and 13. 

He claims Michael Simms, a Mormon church organist and music teacher, abused him about 

1 00 times between 1 974 and 1 976. Simms was in his early 20s at the time. Doe is now 
suing Simms, the LDS church and a former therapist, for up to $4.25 million on claims of 
sexual abuse of a child, intentional infliction of emotional distress and two forms of 
negligence (failure to protect and failure to report). The negligence claims stem from 
allegations that Doe's mother approached a then-Stake President (a former LDS bishop) in 
1975, and told him about the abuse. According to Doe, the LDS defendants failed to 
investigate the allegations, remove Simms from his position, report the abuse to law 
enforcement, or take measures to prevent continuation of the abuse." 

SIMMS-Michael Simms.pdf 

Mormon church sued over sex abuse allegations 

The alleged incidents took place back in the 1970s at a Woodburn LDS church Woodburn 
Independent, Oregon/December 15, 2009 By Rachel Cavanaugh 
http://www.culteducation.com/aroup/1057-the-mormon-church/14281-mormon-church- 

suedover-sex-abuse-alleaations.html 


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01/01/71 Seattle, 

Washington 

LDS Jack Loholt (aka Laholt) “Plaintiff, R.K., was sexually molested by Jack Onefrey 
(a/k/a Jack Loholt) on multiple occasions. The molestations occurred at or near property 
owned by Herman Allenbach, D.D.S., a person plaintiff submits was an agent of the 
Mormon Church. 

Prior to plaintiffs abuse, defendant The Corporation of the President of the Church of 
Latter-Day Saints (aka COP) was notified of Loholt's abuse of children on at least 
three separate occasions. First, in January 1972, Scott Pettit advised his father, Richard 
Pettit of Onefrey's abuse of him. Mr. Pettit immediately advised the then-Bishop of the 
Church, Randall Borland. Mr. Pettit has testified, and it is believed that he will testify at trial, 
that he advised Bishop Borland of Onefrey's abuse because he expected Bishop Borland 
to take some concrete action with respect to the knowledge. R.K. was abused after the 
Church was notified by Scott Pettit. The second and third notifications occurred through 
Herman Allenbach, D.D.S. First, Dr. Allenbach was notified first by his own son, J.A Dr. 
Allenbach took no action. Dr. Allenbach received a second notification after R.K. 's first 
episode of abuse occurred (but prior to other instances of abuse) when R.K.'s parents 
advised Dr. Allenbach of the abuse of their son. Again, Dr. Allenbach took no action and 

R.K. suffered additional instances of abuse. Jack Onefrey was a Melchesidek Priest, 
Assistant Scout Master and youth leader in the Kent 2nd Ward of the Mormon 

Church. Despite gaining knowledge that he was a pedophile, Church officials took 
no steps to remove Loholt from those position nor did the Mormon Church take any 
steps to protect potential victims of Loholt.” 

LAHOLT-Jack Laholt-RK-V-COP 8.docx 

https://www.scribd.com/document/2713601/R-K-v-Corporation-of-the-President-of-the- 

Church-of-Jesus-Christ-of-Latter-Dav-Saints-et-al-Document-No-252 

03/01/71 Seattle, 

Washington 

LDS Jack Laholt (aka Loholt), Another case is filed-“For the Court's convenience, COP 
notes that plaintiffs allegation that defendant negligently failed to prevent sexual abuse is 
closely related to the plaintiffs claim in R.K. v. Corporation of the President of The Church of 
Jesus Christ of Latter-day Saints, 04-2338 RSM (W.D. Wash.). R.K. v. COP was tried to a 


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jury before Judge Ricardo S. Martinez in October 2006 and is now on appeal. Both cases 
involve sexual abuse by the same individual during the 1970s. Some legal issues presented 
by the current case are identical to those Judge Martinez previously addressed in R. K.” 

The case was removed from the Superior Court if Washington State to the United States 
District Court for the Western District of Washington. Laholt again was alleged to have 
abused another child. DF then brought a case against the COP which was removed to 
another court. 

LAHOLT-Jack Laholt 4-DF v COP 4.pdf 

https://dockets.justia.eom/docket/washinaton/wawdce/2:2007cv00801/143863 

03/07/72 Washington 

LDS Dennis David Collins, a Letter from scout executive Robert H. Lamott to BSA 

National Council Paul 1 Ernst. "Dear Paul 1 Regret to inform you that one of our cub- 
masters has pleaded guilty to an indecent liberties charge. Hear are the facts: — was 
arrested in 1959 as a disorderly person. No known disposition of case. Was arrested in 

1963 on a State Vagrancy charge.... picking up young boys, buying beer for them. Jan, 1972 
pleaded guilty to indecent liberties with a 10 year old boy. Also involved with 3 boys, ages 9, 
10, 11 . Committed oral and rectal sodomy on one boy." 

COLLINS-Dennis Collins-BSA Files.pdf 
http://documents.latimes.com/dennis-david-collins/ 

03/28/72 Idaho 

LDS James Vetro "was charged with molesting an 11 year-old boy on Dec 30, 1971." On 
September 28,1972 letter to sponsoring scout executive requesting information again. 
Sponsoring group "1 would like to hold this in abeyance until the court finishes the review of 
this individual, then 1 will inform you of the action we should take. It seems there are always 
two sides to each question." 

VETRO-James Vetro-BSA Files.pdf 
http://documents.latimes.com/james-vetro/ 


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01/20/73 California 

LDS Alan Craig Dunlap "with LDS Bryan Ward 11 Pack 968 pleaded guilty Thursday to 

charges he molested a 9-year-old-boy." A 9 year old testified that when he was a cub scout 
with the LDS Bryan Ward II that “parents of other boys would not permit their sons to be 
involved.” 

DUNLAP-Alan Craig Dunlap-BSAFile.pdf 
http://documents.latimes.com/alan-craia-dunlap/ 

04/01/73 Utah 

LDS Robert Michael Tubbs, letter from assistant scout executive "1 told him that 1 had 
helped him years ago get back into Scouting". On 17 February 1994, Robert Michael 

Tubbs, age forty-two, of Slaterville, Utah, was sentenced to a prison term of six years to life 
and ordered to pay therapy costs for sixteen boys he sexually abused between June 1991 
and August 1992 when he was a Boy Scout leader in his local Mormon ward. Investigation 
began in May 1993 when a Mormon bishop reported that he had received a letter from a 
boy saying Tubbs had molested him. Tubbs admitted to the deputy that he had been 
molesting boys since the early 1970s. In 1985, he had been assistant Scoutmaster in 1985; 
he was stripped of his Scout membership after an allegation of sexual abuse in 1 990. No 
charges were pressed for lack of evidence, but Tubbs was told "never to take part in 
scouting activities again and told to receive counseling by scouting officials." He transferred 
activities from his ward in Slaterville to nearby Harrisville; the crimes for which he was 
convicted occurred with Harrisville Scouts." 

TUBBS-Robert Tubbs 1 and 2 pdfs 
http://documents.latimes.com/robert-tubbs/ 

http://mormon-alliance.ora/casereports/volume1/part1/v1p1c04.htm 

12/14/73 Missouri 

LDS Larry W. Strain, "It is my recommendation that Larry Strain be released from and 
never allowed to participate in the Scouts of America. My reason being his unnatural sexual 
assaults on certain boys....l have interviewed the three involved boys and their parents." 

STRAIN-Larry Strain-BSA Files.pdf 


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http://documents.latimes.com/larrv-w-strain/ 

08/13/74 Idaho 

LDS Arthur Krigbaum was placed on the BSA Confidential files "In 1974, because at 

Camp Tapawingo ,he performed homosexual acts on a scout." 

KRIGBAUM-Arthur Noel Krigbaum-BSAfiles.pdf 
http://documents.latimes.com/arthur-n-kriabaum/ 

The following information is verbatim from 

http://www.idahobovscoutabuse.com/perpetrators/arthur-kriabaum/ 

Perpetrator: Krigbaum, Arthur - Mormon 

Place: Weiser 

Troop & Location: Ore-lda Council 106 - Troop 330, and Order of the Arrow 

Years in BSA: Put in the IV Files in 1974 

Description/Convictions: 

In 1974 at Camp Tapawingo, performed homosexual acts on a scout. 

Timeline for Arthur Noel Krigbaum: 

Born 07/1949 SSN Issued in Idaho 

07/26/1966 

Newspaper article regarding Troop 330 which indicates the Troop was an L.D.S. 
Church-sponsored Troop. Scoutmaster in 1966 was Robert Nieland. 

08/03/1974 

Abused a Scout from Troop 330 of Weiser, Idaho at Camp Tapawingo. 

08/04/1976 

Scoutmaster of Troop 330 and Camp Tapawingo Director wrote a letter “To whom it 
may concern” regarding the allegations by a Scout from Troop 330. Letter also 
indicates Krigbaum is registered with Troop 49 of Boise, Idaho. 

08/13/1974 


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Letter from Ronald Bromley, Field Director to BSA Registration and Fulfillment 
transmitting the August 4, 1986 letter and explaining Mr. Krigbaum is a “very slow 
individual” and that he is “quite active with a local scout troop, registered as an 
assistant scoutmaster.” The letter also states, “Mr. Krigbaum is also quite active with 
our Order of The Arrow and this of course presents a problem.” 

08/23/1974 

Letter from Paul Ernst to John Warnick requesting confidential record sheet. 
10/17/1974 

Letter from R.E. Bromley, Field Director, to Paul Ernst marked “PERSONAL AND 
CONFIDENTIAL!!!” indicating the BSA has been in contact with the Scoutmaster who 
“insists the boy’s parents not be informed of this incident apparently for the boy’s own 
good.” The letter also states, “It is unfortunate that many of our 1974 Camp Staff 
members know something about the incident involving Mr. Krigbaum in camp. This 
knowledge has led to some rumors amongst volunteer Scouters here in the District. 
We in the Council will not confirm or deny any of the rumors brought to our attention. 
We will however, continue to keep a close surveillance on Arthur N. Krigbaum’s 
Scouting activities and notify your office of anything reported to us that can be 
substantiated.” Even though Krigbaum’s file was released with the I.V. Files, he was 
not placed in Ineligible Volunteer status. 

1993-2011 

Many cases (mostly traffic) in Ada County, including DUI and a case in 2006 in which 
Krigbaum was arrested for Beer; Wine; Alcohol Age Violation Third Offense. Default 
Judgment. Drivers License suspended for failure to pay.” 

KRIGBAUM-Arthur Krigbaum 2.pdf 

http://www.idahobovscoutabuse.com/perpetrators/arthur-kriabaum/ 

04/03/75 McCall, Idaho 

LDS Billy Joe Hagen "Convicted of Lewd Conduct with a Minor in April, 1975 (boys 13,14 
& 16 Jan - Mar, 1975) in McCall, Idaho." 

The following is Verbatim from 


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http://www.idahoboyscoutabuse.com/perpetrators/bill-joe-haaan/ 

Perpetrator: Hagen, Billy Joe - Mormon 
Place: Caldwell, Nampa 

Troop & Location: Ore-lda Council 106, Post 118 

Years in BSA: Put in IV Files in 1976, Scouting from 1975-1976 

Description/Convictions: 

Timeline for Bill Joe Hagan: 

DOB: 01/7/1936 (SSN Issued in Idaho) 

1972 

At age 36, Hagen married . They had two children. 

1975 

Convicted of Lewd and Lascivious Conduct with a Minor Under Sixteen. (Obtained 
Police Report from McCall Police Department. 

1975 

McCall Police Department Offense Report indicates Hagen is divorced with two 
children. 

1976 

Placed on IV Files. BSA Confidential Record Sheet indicates his religion as “First 
Christian Church.” 

04/8/2005 

Died in Nampa at age 68 of natural causes. Funeral service took place at the 
Nampa 21 Ward LDS Chapel in April of 2005. HAGEN-Billy Joe Hagen.pdf 

In 1976 Hagen was placed on the BSA Confidential file but then re-registered on 1/1/1977 
Post 118 Nampa Idaho. 

There is a letter in the files dated May 17,1976 from John D Warnick, Scout Executive to 
the Registration Service BSA in north Brunswick, N.J. Regarding Bill Joe Hagen as follows: 
“Gentlemen: I have just completed an investigation into the above Scouter of the Ore-lda 
Council as follows: Offense Report-DR/75-86, April 9, 1975. Lewd and Lascivious conduct 


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with child. Conduct was with 4 boys, ages 15, 14, and two 16 years of age. Acts committed 
on January 25,1975, March 21, 1975, and March 28, 1975. Warrant charging seven (&) 
counts of Lewd Conduct were acquired. Mr. Bill Hagen admitted to one count-others were 
dropped. Convicted-served 120 days in State Institution and received 9 years probation. 

Offense was committed in McCall, Idaho on above dates Mr. Hagen was forced to 

leave town upon his release. He now resides in Nampa, Idaho. 1 have notified the minister 
and we await your decision as to my next action. Action needs to be taken as soon as 
possible. Sincerely Yours, John D. Warnick, Scout Executive." 

HAGEN-Billy Joe Hagen-BSA File.pdf 

http://documents.latimes.com/bill-j-haaen/ 

http://www.idahobovscoutabuse.com/perpetrators/bill-joe-haaan/ 

07/02/75 California 

LDS Melvin E. McKinney, "molests a 12-year-old; Marlin Bates reviewed the situation with 
the Bishop for Mr. McKinney's Latter Day Saints Ward and the Bishop is now working with 

Mr. McKinney." 

MCKINNEY-Melvin Mckinney-BSA file.pdf 
http://documents.latimes.com/melvin-e-mckinnev/ 

08/02/76 Utah 

LDS Leroy Harvey Richins molested a child " In discussing the situation with Bishop 
(redacted) in the LDS Church, he does have the information and statements regarding 
(redacted) involvement with other people, besides those who have made statements which 
you have. However, he feels that because of the confidential nature of his position as 

Bishop of the Ward which (redacted) resides, he cannot release copies of this information." 

RICHINS-Leroy Richins-BSA file.pdf 
http://documents.latimes.com/lerov-h-richins/ 

11/22/76 California 

LDS Jayne Allen Furness "was tried and found guilty as a sex offender and is now 
incarcerated." Furness was charged with 16 felony counts with children and, "did willfully 


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and unlawfully have and accomplish as act of sexual intercourse with a female person, to 
wit (redacted) not his wife, who was than and there under the age of eighteen years, to wit, 
sixteen years." 

FURNESS-Jayne Furness-BSA files.pdf 
http://documents.latimes.com/iavne-a-furness/ 

06/01/77 Oregon 

LDS James Francis Hogan "Two teenage boys in Oregon sued the Corporation of the 
President in 1989 for $3 million on charges of negligence. They charge that the Church 
hired James Francis Hogan as a janitor, knowing that he had been observed hugging and 
kissing young boys between 1977 and 1985, a span of twelve years. The amount of the 
settlement is unknown." 

HOGAN-James Francis Hogan 3.pdf 

http://mormon-alliance.ora/casereports/volume1/part1/v1p1c04.htm 

01/01/78 Utah 

LDS Gary Bishop, "molested children for many years without being caught. At some point 
his crimes advanced to murder, which he discovered also fed his sick needs. Bishop killed 
five young boys from 1979-1983." BISHOP-Arthur Gary Bishop 1 pdf "He was a Mormon 

Boy Scout leader." 

BISHOP-Arthur Gary Bishop 2.pdf 
http://crime.about.eom/od/murder/p/db bishop.htm 

http://www.oocities.ora/wsimister/ldscourt.htm 

07/20/78 Washington 

LDS Dustin Hall "was a scoutmaster charged by leaders in the Mormon Church's Shelton, 
Washington ward to help lead a local boy scout troop' The plaintiff "alleges Hall abused him 

30 separate times both (BSAand COP) defendants "are complicit in a campaign to cover 

up the rampant problem of sexual abuse of scouts by scout leaders." 

HALL-Dustin Hall 2.pdf 


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http://www.seattleweeklv.com/home/929872-129/lawcourts 

http://caselaw.findlaw.com/wa-court-of-appeals/1640408.html 

11/19/78 Los Angeles, 

California 

LDS Allan Keith Dunn "confessed his criminal acts to the grandmother and police in the 
matter of homosexuality and abuse of children." 

DUNN-Allan Keith Dunn-BSAFiles.pdf 
http://documents.latimes.com/alan-k-dunn/ 

01/01/79 Prescott, AZ 

LDS Robert Gene Metcalf "This case was filed in Maricopa County Superior Court in May 
1993. In 1979, Gail Metcalf walked in on her husband, Gene Metcalf, and witnessed him 
having anal sex with a 13 year old boy who had been residing with them. He was sentenced 
to prison for six years for his misconduct with the boy as well as with Gail's children. She 
divorced him and the Church excommunicated him. His parental rights were not terminated, 
but a six-month no contact order was entered following his release from prison. 

In 1987, Gail Metcalf developed a brain tumor and needed extensive medical treatment. 

She contacted her local Bishop to discuss what will happen to her children while she is 
hospitalized. Her civil lawsuit alleges that she was ordered by her Bishop and the Stake 
President to send her children to live with Gene Metcalf and they would monitor the 
situation for her making certain the children were safe. She sent them to live with him for 
eight months when they were molested again. At his sentencing, there was heavy lobbying 
by politicians connected to the Church in defense of Gene Metcalf. Local Bishops involved 
and who may be named defendants are Grant Shumway and Don Excell. The case was 
resolved with an undisclosed settlement on behalf of the Metcalf children." 

METCALF-Gene Metcalf.pdf 
http://www.oocities.ora/wsimister/ldscourt.htm 

01/15/79 Norfolk, VA 

LDS Eric Patrick Avant "was a church cub scout leader. He sodomized eight boys. He had 
a prior conviction for sodomy, but the church never checked him out and never registered 


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him with Boy Scouts of America which would have run a background check .The LDS 

Church settled in May 1992 for an undisclosed amount." "According to the suit, Avant was 
convicted in 1979 of similar offenses, something the Boy Scouts could have easily 
discovered. The suit alleges that the Scouts and the church were negligent in not checking 
on Avant's background." 

AVANT-Eric Patrick "Ricky" Avant 1 .pdf 

"The families who initiated prosecution said they had cooperated with police in compiling a 
list of 41 victims from the Webelos den and church." 

AVANT-Eric Avant 3 BSA Confidential Files.pdf 
https://www.hiahbeam.com/doc/1P2-1219714.html 

http://www.oocities.ora/wsimister/ldscourt.htm 

http://documents.latimes.com/eric-patrick-avant/ 

04/03/79 Cambridge, UK 

LDS John Patrick Conway "former postman and church missionary denies six charges of 
indecent assault on a boy under 14 between April 1979 and May 1986. 

His twin brother Martyn has admitted six charges of sexual assault on the same boy. 

The brothers, aged 50, befriended the boy at the Church of Jesus Christ of Latter Day 

Saints in Cherry Hinton where many of the assaults took place, Cambridge Crown Court 
heard yesterday." 

CONWAYJohn Patrick Conway.pdf 
http://www.freerepublic.com/focus/f-news/2520145/posts 

01/01/80 Santa Maria, 

California 

LDS Michael Rex Shean "Michael Rex Shean was an attorney and Mormon Church leader 
who used his position as coach, attorney, and religious teacher in order to molest young 
boys. The Stake President in the case was an FBI agent, Nolan Phillips, who should have 
been much more alert to the problem of a predatory pedophile in his flock." SHEAN pdf 2 
"The Mormon Church was found negligent and settled for an undisclosed amount. Michael 


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Shean in Santa Maria, Calif., and LDS seminary teacher convicted of sexually abusing 
young boys. Court records in a civil suit against the LDS Church allege gross negligence on 
the part of ward leaders who knew Shean had problems — in 1980 as a counselor in his 
ward bishopric, he had been excommunicated for abuse of two young boys that surfaced 
years later when they were on LDS missions. He was excommunicated; re- baptized and 
assigned to work with youths. He was charged with 14 counts of sexual abuse involving 
nine boys." 

SHEAN-Michael Shean 1.pdf 

http://xmo.lege.net/doc/hushing_mormon_sexual_abuse_case_stories.txt 

Blame the Victim: Hushing Mormon Sexual Abuse April 10, 1996 By Marion Smith 
http://mormon-alliance.org/casereports/volume1/part1/v1p1c04.htm 

01/15/80 Oregon 

LDS Timur Van Dykes allegedly molests many children. "Timur Dykes continued to 
associate with the victim's Scout troop after Dykes admitted to a bishop for the Church of 
Jesus Christ of Latter-day Saints early in 1983 that he had molested 17 Boy Scouts." 

DYKES-Timur Dykes 4.pdf 

http://freethinker.co.uk/2010/04/16/us-bovs-scouts-and-the-lds-church-conspired-to-cover- 

up-child-abuse/ 

In the BSA Files there is a letter dated November 11,1 986 to BSA from attorney John J. 
Higgins, 

“We have been retained to represent the interests of several boys who were sexually 
abused by an official of the Boy Scout Troop to which they belonged here in Portland. In 
November 21, 1986 a handwritten note retained in the confidential files from BSA official 
reads, “Received a letter from attorney Higgens... is representing 2 families (names not 
given) for injuries resulting from the sexual molestation of 4 or 5 boys in Troop 719 by Assist 
SM Timur Van Dykes. Mr. Dykes is now in jail. Troop 710 is sponsored by the 10th Ward of 


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the LDS Church.” The BSA placed Timur Van Dykes on the ineligible confidential file on 
March 16, 1987. In 1987 the LDS Church is sued by three (of the above) plaintiffs. "The 
Church also is accused of professional negligence in attempting to counsel the three 
plaintiffs." "The complaints allege that the church sponsored the Scout troop and instructed 
boys to participate in the troop and to obey its leader.” 

DYKES-Timur 3 BSA-Files 2.pdf " 
http://documents.latimes.com/timur-v-dykes/ 

2007 another lawsuit is filed, "The six men, who filed a new lawsuit in Oregon. ...allege that 
Timur Dykes, a former spiritual leader in the Church of Jesus Christ of Latter-Day Saints 
and former scout leader, repeatedly abused them when they were boys." "Dykes was 
allowed to continue in positions of trust and continue to abuse boys for four or five years 
after he was first arrested." "Both the Mormon Church and Boy Scouts were well aware by 
at least the 1960s that they had a serious, institution-wide infestation of child abuse, 
stretching across the country," said the plaintiffs' attorney Kelly Clark. "They did not clear it 
up." 

DYKES-Timur Dykes 4.pdf 

https://assets.documentcloud.org/documents/472188/kerry-lewis-complaint.txt 

"Two brothers filed a $6.5 million lawsuit against The Church of Jesus Christ of Latter-day 
Saints and the Boy Scouts of America on Monday, alleging they were sexually abused as 
children in the 1980s by a LDS "home teacher" who was also a Boy Scout leader." "It also 
claims the church failed to report an abuse allegation against a third brother that could have 
led authorities to other victims — a claim the church denied. Dykes was convicted of child 
sexual abuse "on several different occasions," according to the lawsuit filed by Portland 
attorney Kelly Clark, who has represented victims of alleged abuse by Roman Catholic 
priests. Clark provided a list indicating Dykes had been convicted in 1986, 1988, 1990, 1991 
and 1994. Dykes declined to confirm those convictions. But he said he was in prison from 
1993 to 2002. He declined further comment but said "somebody has made a mistake," a 


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reference to the lawsuit.Dykes was convicted in 1994 in Multnomah County on multiple 
counts of sodomy and sexual abuse, according to court records. He is on probation until 
2013, said Robb Freda-Cowie, spokesman for the county Department of Community 
Justice." 

DYKES-Timur Van Dykes 9.docx 

LDS Church, Scouts face sex-abuse suit by William McCall Associated Press 
http://www.deseretnews.com/article/650225155/LDS-Church-Scouts-face-sex-abuse- 

suit.html 

“From at least the 1960s if not earlier, LDS Defendants knew that LDS callings and 
assignments were being used by pedophiles to victimize children and that LDS Defendants 
had an institution-wide child abuse problem. Despite this knowledge, LDS Defendants did 
not implement adequate child sex abuse policies. 83. This institutional failure by LDS 
Defendants was a substantial contributing factor to the abuse of Plaintiffs. LDS Defendants’ 
failure to implement adequate child abuse policies created a foreseeable risk of harm to the 
safety of children in the care of the LDS Defendants, including these plaintiffs. 84.As a direct 
and foreseeable consequence of LDS Defendants’ negligence as described above, Plaintiffs 
have suffered damages as described in paragraphs. “During the time all Plaintiffs were 
sexually abused by Dykes, LDS Defendants had knowledge or should have known of 
Dykes’ dangerousness to children. In or about 1981 or1982, LDS Defendants discovered 
that Dykes had sexually abused a minor child who was a LDS member and scout, and LDS 
Defendants conducted their own investigation into the allegations.” 

DYKE-Timur Van Dykes 1-Complaint.pdf 

https://assets.documentcloud.org/documents/472188/kerry-lewis-complaint.txt 

“In January 1983, the mother of a Scout who said he had been molested by Dykes 
went to Gordon McEwen, a Mormon bishop who headed the local Scouting program, Clark 
said. McEwen confronted Dykes, who confessed to abusing 17 Scouts.” 
http://www.oregonlive.com/news/index.ssf/2010/03/trial_opens_in_portland_with_b.html 


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01/30/80 Boise, Idaho 

LDS Steve Nelson "sexually abused as many as four children over a 30-year period. In the 
1980s Nelson confessed to molesting one child to LDS officials, who learned of the crime 
from the victim but did not report it. 

More than 20 years later, Nelson pleaded guilty to a charge of lewd conduct. In 2009, the 
woman he had abused as a pre-teenager in the 1980s caught him molesting a 3-year-old 
girl, according to court records. 

Before sending Nelson to 30 years in prison, 4th District Judge Darla Williamson told him: "1 
just don't understand ... why the church didn't require that law enforcement be involved with 
you. Possibly at that point, if you had been charged, we would have at least one less 
victim.” 

NELSON-Steve Nelson.pdf 

http://www.mcclatchvdc.com/201 0/1 2/1 2/1 051 62/did-fellow-mormons-cover- 

upofficers.html#.UatYidiqro8 

01/01/81 Salt Lake, Utah 

LDS Steven L Hammock abused a 6 year old child who stated that, "“The bishop and all 
the church leaders showed up in court to speak on the Hammocks’ behalf. They told the 
attorneys 1 was lying. It was impossible for me to sit down and tell the story of what 
happened. 1 was so humiliated. “Everyone in the church was saying, ‘How can they be bad 
people? We know them. We know they have the gospel in their home.”Steven Hammock 
pleaded guilty to two counts of forcible sex abuse and served six months in an inpatient 
treatment facility. The church excommunicated him but refused to divulge information that 
Hammock had previously revealed to church officials. Scott filed a multimillion-dollar civil 
lawsuit in 1989 against Hammock for infliction of emotional distress. The suit lingered in the 
court system until two months ago. Most of that time was spent before the Utah State 
Supreme Court, in arguments on whether LDS church officials had to divulge information 
Hammock had shared with them. The court ruled they did not. Hammock’s attorney quit in 
1991 after his client refused to answer questions about the case. Hammock refused to 
defend himself, and in October, a federal judge awarded damages to Scott in an amount still 
to be determined." 


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HAMMOCK-Steven Hammock.pdf 

Lisa Davis “Sins of the Temple” December 1994 

Phoenix New Times 
http://www.childpro.ora/ 

https://drive.aooale.eom/file/d/OB E9N KN9xzxbWNadnVldDE1 LUE/edit 

11/15/81 Utah 

LDS Gerald W. Burgie was convicted of "attempted sexual abuse (victim was a young 
boy).” He was placed on the BSA confidential files on November 15, 1981. 

BURGIE-Gerald Burgie-BSAFile.pdf 
http://documents.latimes.com/aerald-w-buraie/ 

01/02/82 Seattle, 

Washington 

LDS Paul H. Lewis "Plaintiff alleged that defendant The Corporation of the President of the 
Church of Jesus Christ of Latter-Day Saints knew or should have known that Paul H. Lewis 
was a sadistic serial pedophile that was actively abusing children, and had a duty to use 
reasonable care in the hiring, supervision or retention of Lewis, who served as a Mormon 
Church Scoutmaster and Melchizedek priest. Mr. Rinde states that during the time period of 
1982-1983 when he was just twelve years old that Paul H. Lewis, his scoutmaster abused, 
raped and sadistically tortured him." 

LEWIS-Paul H Lewis 1 Rinde v COP.pdf 
https://docs.iustia.com/cases/federal/district 
courts/washinaton/wawdce/2:2006cv00556/1 34916/2 

01/23/82 Australia 

LDS Ronald Mills " Mormon and senior Church of Jesus Christ of Latter Day Saints 
member. Receives 3 year jail sentence in NSW District Court after being convicted on 3 
counts of unlawful sexual intercourse against girl, aged 12," 

MILLS-Ronald Albert Mills.pdf 
http://reformation.com/CSA/variousabuse.html 


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06/01/82 California 

LDS William Knox "John Doe 1 , 2, & 3 are brothers who allege that they were sexually 
molested from 1 977 to 1 987 by William "Bill" E. Knox, their stepfather and leader of LDS 
boy scout troop. In 1982 the plaintiffs began to repeatedly inform the Mormon Church and 
the Boy Scouts that Knox was sexually abusing them. The LDS church failed to report and 
failed to protect children and they continued to be abused for five more years by Knox." 

KNOX-William "Bill" Knox BSAv Superior Court 2.pdf 

httD://www. leaale.com/decision/ln CACO 20120524083/BOY SCOUTS OF AMERICA 

NATIONAL FOUNDATION v. SUPERIOR COURT 

htto://abc7news. com/archive/71 22266/ 

09/11/82 California 

LDS Steven Paris "an active Mormon church member and airport-shuttle bus driver from 
Anaheim, was arrested Aug. 11 and accused of engaging in sodomy and oral copulation 
with seven boys, ages 5 to 11, from his neighborhood, church and family since 1982." 

PARIS-Steven Paris.pdf 

http://articles.latimes.eom/1 986-09-1 1/local/me-1 1 077 1 child-abuse-reportina-law 

10/01/82 Massachusetts 

LDS Joseph Montanino the "Defendant was convicted by jury in the Middlesex Superior 
Court, Robert J. Hallisey, J., of indecent assault and battery on a child under the age of 14," 
"and a high-ranking member of the Mormon church who also was a physician... testified 
about the defendant's service in the Boy Scouts and as a police officer. 

The Boy Scout officials told the jury that the defendant had received several awards, 
including the Eagle Scout and SilverBeaver awards, and described the exacting standards 
that applied to the defendant's selection as an award recipient. All the character witnesses 
testified that the defendant had an excellent reputation in the community for, among other 
things, morality and for not being the type of person who would be sexually involved with 
boys." . “Are you aware that there is another complaint [or allegation] against the defendant 
involving an incident between January and April of 1981 , in Somerville [or Cambridge] 
involving another member of the troop?” Four witnesses testified that *134 they were aware 
of at least one of the allegations against the defendant. On redirect examination they were 


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permitted to explain why they believed **620 the defendant's reputation in the community 
was nevertheless good.. ." President of the Cambridge Boy Scout council "On cross- 
examination, he testified that he had heard of the prior allegations that had formed the basis 
of the severed indictments." "Two additional indictments against the defendant were 
returned at the same time. Those indictments alleged that the defendant had raped another 
child under the age of sixteen some two years before the incidents which are the subjects of 
these indictments took place". 

The complainant was the same in both indictments and also was a former member of the 

Boy Scout troop of which the defendant was scoutmaster. The rape indictments were 
severed from the trial of these indictments.", 

MONTANINO-Joseph Montanino.pdf 
https://www.leaale.com/cite/27%20Mass.App.Ct.%20130 

12/16/82 Fairbanks, 

Alaska 

LDS Kenneth R. Rarick was convicted of Sexual Abuse of a minor boy at Lost Lake Scout 
Camp and placed on the BSA Confidential Files in December of 1982. “The evidence at 
trial showed Rarick had attempted similar acts with two other scouts during the same time 
frame.” 

On September 16, 1983 there is a letter in the BSA file addressed to Kenneth R. Rarick 
stating: 

“Dear Kenneth, 1 want to personally thank you for your service to youth through Scouting, as 
commissions in unit #8601 you have helped our nation's youth learn the precepts of 
“Helping other People” “Do your Best,” and “Be Prepared.” 

Please consider this letter my personal invitation to become a member of the National Boy 
Scout Alumni Family.” 

RARICK-Kenneth R Rarick BSAFiles.pdf 
http://documents.latimes.com/kenneth-r-rarick/ 

01/01/83 Blackfoot, Idaho 

LDS Dennis Empey's "neighbor writes a judge a letter saying, "this man has molested so 
many children that it involved four Bishops from The Church of Jesus Christ of Latter- 


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day Saints." The Plaintiff, "says he told his stake president. The Stake President told him 
he knew about Empey's history of molesting children." 

EMPEY-Dennis Empey 2.pdf 

http://www.livawards.ora/pdf/2005/ScoutReduced.pdf 


The following is verbatim from: 

http://www.idahobovscoutabuse.com/perpetrators/dennis-empey/ 


Perpetrator: Empey, Dennis - Mormon 

Place: Idaho Falls, Provo 

Troop & Location: Grand Teton Council - Idaho, Island Park Scout Camp - Idaho, Utah 
National Parks Council, Great Salt Lake Council 

Years in BSA: Put in the IV Files in 1988, Scouting 1983 - 1990's 

Description/Convictions: 

Raped a scout in 1983 at camp - reported it to the camp director but nothing was done. 

Scout later told LDS stake president, and the president verified that Empey was also being 
investigated for rapes in Provo. Empey was Convicted of child molestation in May, 1991 
and sentenced for 2 yrs. probation. Post Register - Zuckerman 

Sex Offender Registry Details 


Evidence of LDS Knowledge: 

1993 

Victim Notified LDS Stake President 10 yrs after rape. The Stake president said they 
had already known of Empey’s molesting boys. Post Register Article - 6/23/05 - 
Peter Zuckerman Dennis Empey in the News: 

More Pedophile Cased Emerge With Scout Camp Connections 

Scout case ‘not found’ - Court records show fourth pedophile led several Boy Scout 
outings 


Timeline for Dennis Joe Empey: 

DOB: 12/13/1957 St. Luke’s, Boise, Idaho 


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1972 

Received specialized training in Boy Scout Leadership at Philmont Scout Ranch and 
Explorer Base (New Mexico.) (Idaho Falls Post-Register, 6/22/1972) 

1976 

Selected to head the Red Beret Leadership Corps for the Cedar Badge Spirit of 76 
encampment scheduled for June 21-26 at the Treasure Mountain Scout Camp of the 
Tetons. (Idaho Falls Post-Register, 2/9/1976) 

May 1976 

Commencement for Teton High graduates. (Idaho Falls Post-Register, May 18, 

1976) 

Summer 1976 

Serving as Youth Coordinator in Teton County for State Senator Stan Kress 
campaign. Article states Empey will be attending Ricks College in the fall. (Idaho 
Falls Post-Register, July 23, 1976) 

1977 

Provided entertainment (comedy team) at the first Teton Peaks Council Cub Scout 
Day Camp. (Idaho Falls Post-Register, July 27, 1977) 

Spring, 1981 

Molested Scout with the Order of the Arrow at the LDS Chapel in Idaho Falls. 

June, 1983 

Empey flashed a gun and then raped a Scout at the Island Park Scout Camp. 

June, 1983 

The Scout reported the rape the next day to the camp director, Kim Hansen. Hansen 
was friends with Empey and suggested to the Scout that if he couldn’t get along with 
Empey that he wouldn’t be welcome at the camp the next year. 

September 1983 - April 1984 

Empey attended BYU (BYU Police Department has no records pertaining to Empey.) 

8/9/88 

Letter from Paul Ernst to Reese Faulkner, Scout Executive with Utah National Parks 
Council requesting info on Empey. 


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8/30/88 

Letter to Paul Ernst from Hart Bullock stating Reese Faulkner had spoken to Empey 
and that Empey “confessed to a totally separate sexual child abuse situation from the 
one that we were aware of.” According to the letter, Empey had been “very active in 
Scouting in Idaho Falls and in Provo...” Empey agreed to disassociate himself with 
Scouting activities. 

12/6/88 

Second request from Paul Ernst to Reese Faulkner for info on Empey. 

12/12/88 

Dennis Empey placed in the IV Files. 

5/10/91 

Dennis Empey befriended a family in Provo, UT., molested the children, was 
convicted and served a 2 yr. probation 

1993 

Dennis Empey moved back to Idaho, was hired back at the Teton Council to do 
graphic design work. 

2007-2008 

Active in the LDS Church, (online postings) 

Fall 2011 

Ajuvenile at a skate park in Driggs had a “bad feeling about a man who had been at 
the skate park.” The man, who turned out to be Empey, had been taking pictures of 
kids and asking them to sign a waiver so he could post the pictures on the internet. 
(Teton Valley News, September 29, 2011) 

EMPEY-Dennis Empey 4.pdf 

http://www.idahobovscoutabuse.com/perpetrators/dennis-empev/ 

http://documents.latimes.com/dennis-j-empev/ 

03/17/83 Idaho 

LDS James Phillip Schmidt had been accused of abuse in 1979 (which was perpetrated in 
1977) the BSA were aware; and in 1981 the LDS excommunicated Schmidt but Schmidt 


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was not placed on the Confidential BSA files until 1983. in 1981 Schmidt, was "convicted 
of a lewd and lascivious charge" and abuse of a child (the abuse occurred in 1 977). In 
another instance, a letter from attorney Heise on behalf of her client stated that her client "Is 
not interested in filing a lawsuit against the Boy Scouts. . . .she does want psychological 
treatment for her son." A letter from BSA Rex Black dated February 25,1983 to their legal 
Counsel: 

"Dear Dave: Last week Jim Schmidt was arrested and charged with lewd conduct ...The 
police are stating that he will receive other charges dealing with other boys. There is 
considerable adverse publicity locally. I'm getting some pressure stating that I was aware of 
the situation for more than four years but I did nothing." 

SCHMIDT-James Schmidt 1-BSA File.pdf. 
http://documents.latimes.com/james-phillip-schmidt/ 

Then, a case was filed in 2013, in which Schmidt is accused of abusing John Doe II 
according to the complaint. The Plaintiff stated "I am outraged that the BSA and the LDS 
church did nothing to prevent Mr. Schmidt from raping me and the other boys." SCHMIDT- 
James Schmidt 2-Complaint.pdf. 

http://bloximaaes.chicaao2.vip.townnews.com/idahostatejournal.com/content/tncms/assets/ 

v3/editorial/5/93/5930fb5c-dcee-1 1 e2-ace3-001 a4bcf887a/51 c8793e8ab5f.pdf.pdf 

"the men say the LDS Church knew that some of its Scoutmasters and troop leaders had 
molested boys in the past and that it nevertheless continued to put boys in harm's way." 
SCHMIDT-James Schmidt 3.pdf 

http://www.sltrib.com/sltrib/lifestyle/56506054-80/scouts-church-abusescout.html.csp 

"The LDS.... and the Boy Scouts failed to remove abusers from the organization or notify 
police or parents, even after boys and their parents told them about cases of molestation or 
rape." 

SCHMIDT-James Schmidt 4.pdf 

http://www.idahostatesman.com/2013/06/24/2629653/boy-scouts-mormonchurch-sued.html 


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In 1979 BSA "council Executive Rex Black first wrote national Scouting leaders about 
Schmidt" but "according to the May 13, 1981 letter... Black feared a public spectacle and 
had told Schmidt so in 1979, warning him a legal case would bring bad publicity to Schmidt 
and to the Scouts." 

www. idahostatesman.com/2012/11/25/2358686/scout-sex-abuse-lawsuit-settled.html 

SCHMIDT-James Schmidt 6.pdf 

http://www.idahostatesman.com/news/local/article149736579.ece/BINARY/Read%20the 

%20Mav%201%2C%202017%20lawsuit. 

10/08/83 Texas 

LDS BLOME-Charles John "Chuck" Blome "a 60-year-old retired Army officer, is known 
to have molested at least five boys from the Magnolia church and is being sued along with 
the church. He pleaded guilty in 1994 to two counts of indecency with a child and is serving 
two concurrent, 15-year prison terms." 

BLOME-Charles John "Chuck" Blome 1.pdf 

“Former bishop denies he knew molester's past” by PAUL McKAY 

WED 09/30/1998 Houston Chronicle, Section A, Page 21MetFront, 3 STAR Edition 

"Last year in Montgomery County, a jury found the national church liable in a $4 million 
verdict - $1 million more than the plaintiff had sought - for failing to protect an 8-year-old boy 
who was sexually assaulted in 1993. The pedophile, Charles M. "Chuck" Blome, who 
already had been convicted of criminal charges and sentenced to prison before the lawsuit 
trial, was active in the Magnolia ward that the child and his mother attended.”" 

"The church will go to great lengths to protect its image and reputation," said Clay Dugas, a 
lawyer in Orange who has sued the church on behalf of numerous child-abuse victims and 
their families in Texas and Mississippi." 

"A pedophile will have all kinds of opportunities to go into the homes of members or have 
easy access to children so he can build trust with the kids and families," Dugas said. 


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"Men are empowered in the church very quickly. Females don't get that empowerment. The 
men have all the real authority. The church is very patriarchal, very secretive. Why would 
you preach to the membership of a church not to discuss a case of child abuse when it 
becomes known? They do that. The whole belief is that the men, the leaders who are all 
men, can take care of everything. If someone in a family is abused, the family won't go to 
the police. They'll go to the bishop." 

BLOME-Charles John "Chuck" Blome 4.pdf 
http://nowscape.com/atheism/mo pedophile.htm 

“The church is appealing that verdict and is fighting other, similar lawsuits in which Mormon 
representatives are accused of shunning young victims or, in some cases, even blaming 
them." "Sheriffs deputies were upset that the Mormon Bishop tipped Blome to the pending 
investigation, and he burned evidence before it could be seized. In an earlier case against 
Blome the Mormon Church was also found negligent." 

BLOME-Charles John "Chuck" Blome 2.pdf" http://www.oocities.ora/wsimister/ldscourt.htm 

"Former Bishop Jerry Torgeson alerted Blome that he was under suspicion only two days 
after the boy's family alerted him of the abuse." "Blome also molested at least four other 
boys from 1982 until his arrest in 1994." 

BLOME-Charles John "Chuck" Blome 3.pdf 

http://www.deseretnews.com/article/print/656657/Jurv-awards-abused-bov-4-million-from- 

LDSChurch.html 

https://www.sunstonemaaazine.eom/pdf/1 1 2-73-79.pdf 

04/06/84 Utah 

LDS Eric Hacking was "Found guilty of sexual abuse to a child which is first degree felony 


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in the state of Utah. This abuse happened at Camp Maple Dell Boy Scout Camp Friday 
evening July 29,1983." "Page 12- 08-04-83- The BSA is notified that Eric Hacking of Orem 
Utah was accused of a 591 (child abuse) and it is concluded that the BSA will “hold name 
for future pending-Will send in.” 

Pagel 0-1 0-03-83 BSA reaches out to the Scout Executive stating that “Over a month ago, 
you called us concerning an individual by the name of Eric Hacking from Orem, Utah who 
should not be registered with the Boy Scouts of America. Since that time we have heard 
nothing from you.” In response: Fred R Day, scout executive states. “This case is still 
pending- the trial-we will keep vou posted” 

Page 11- April 6, 1984 a letter from the Scout executive Fred R Day to the BSA details the 
results of the legal case against Hacking. The last paragraph was shocking. “Under the 
circumstances, when Eric completes the sex offenders program, would he still be 
prohibited from being involved in Scouting. We need your input and judgment. 

Scoutingly, Fred R. Day Scout Executive 

Page 9- On August 31, 1984 Hacking was placed on the BSA confidential files and removed 
from his position in scouting, one year later. 

HACKING-Eric Hacking-BSA files.pdf 
http://documents.latimes.com/eric-hackina/ 

08/04/84 Texas 

LDS Glen Howard Sexton placed in the BSA confidential files, "this individual is one who 
previously lived in California and who had apparently had sex with (redacted) at that time. 
"We were concerned if this could be the same individual who was previously living in Alaska 
and then later in California." "New wife with children-same problem." 

SEXTON-Glen Howard Sexton-BSA File.pdf _ 
http://documents.latimes.com/alen-howard-sexton/ 

08/10/84 New York 

LDS Bryan A. Barner "A boy Scout official from Tully will serve no more than a year in 
prison for sodomizing a 12-year-old boy last year. When Barner was arrested in May, the 


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state police identified him as unit commissioner with the Boy Scouts." "The authorities said 
the victims were two 13-year-old boys Barner met through the Boy Scouts." 

BARNER-Bryan A Barner-BSA File.pdf 
http://documents.latimes.com/brvan-a-barner/ 

11/27/84 New Hampshire 

LDS Alfred Francis Cote was placed on the BSA Confidential File on November 28th, 

1984 for "Immoral Acts with Scouts, combined with prescription from multiple vendors 
causing hallucinations. In discussion with Mormon Bishop Paul Chapman, Chapman states 
he has confronted Cote and Cote has agreed he has engaged in these acts with 4 members 
of the above Scout Troops. Chapman has contacted N.H. Dept, of Welfare and LDS Social 
Welfare Agency has already issued an opinion that Cote should not be associated with 
young men. Scouts and families have been contacted by Chapman as confirmation 
source:" "Paul Ernst (BSA National Office) "shared that Mr. Cote had several past 
convictions for sexual assault" Cote worked in scouts in Manchester, NH troop 393; Derry, 

NH Troop 412 (not officially registered!) and Chicago, IL Troop 107 

COTE-Alfred Francis Cote-BSAFile.pdf 
http://documents.latimes.com/alfred-francis-cote/ 

02/21/85 California 

LDS George F. Willoughby "second trial for various sexual offenses committed upon a 
five-year-old girl, was convicted of sodomy, lewd and lascivious conduct, and rape.... At that 
trial, the trial court admitted the testimony of another child that several years earlier, 
defendant committed an uncharged sexual offense upon her." Willoughby testifies "that as 
an elder in the Mormon Church, he considered child molesting as morally reprehensible as 
murder." A number of character witnesses affirmed their belief in appellant's (Willoughby's) 
honesty, integrity and dedication to the church and its principles. They found nothing in 
appellant's character to suggest he had the propensity to molest children." Willoughby "was 
sentenced to the aggravated term of eight years on each count, to run consecutive and full 
term to each other, for a total of twenty-four years." 


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WILLOUGHBY-George F Willoughby 1 PEOPLE v Willoughby 1 .pdf 
http://law.justia.com/cases/california/court-of-appeal/3d/164/1054.html 

04/03/85 Louisiana 

LDS Vernon Foster "was convicted, pursuant to a guilty plea... of aggravated crime against 
nature." "A parole officer's conclusion that a seven-year-old victim would suffer long-term 
effects as a result of the crime.... the sentence was "ten years at hard labor without benefit 
of probation, parole or suspension of sentence." "A lady who attends Foster's Mormon 
Church, knows defendant and has never noticed any deviant behavior on his part toward 
her young sons." 

FOSTER-Vernon Foster 1 State v Foster 1.pdf 
https://casetext.com/case/state-v-foster-149 

05/02/85 Oklahoma 

LDS Ron Phelps- “A high profile incident in Oklahoma is a case study in cover-up. For 
Merradyth McCallister and Mary Plourde of Oklahoma City, Okla., their efforts to expose the 
child sexual abuse problem in their local Mormon congregation not only resulted in cover- 
up, they were ecclesiastically punished for their pains. 

In September 1993, Merradyth and Jack McCallister and their son Scott of Yukon, Okla. told 
their stake president that Scott had been sexually abused by their bishop, Ronald Phelps. 

The stake president discounted and minimized Scott's abuse which had occurred over a 
two year period. Having learned from speaking with other families that Phelps had also 
abused other children in the ward, the McCall isters formed a support group for survivors of 
sexual abuse. 

The McCallisters told "The Event" that the stake president then informed them they had 
"crucified an innocent man and destroyed his family," had "slandered Phelps," and that the 
children's word could not be believed over that of a priesthood leader." They were advised 
not to pursue the issue.” 

“Public Indecency 

The McCallisters did a background check on Phelps and found that he had been arrested 
for indecent exposure prior to being called as bishop in 1980. He had also been charged 


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with sexual abuse but not prosecuted; this charge was known to the stake leadership when 
Phelps was called to serve as bishop. On March 8, 1994, Phelps was again arrested in a 
men's rest room at Oklahoma University for investigation of public indecency and soliciting 
to commit an act of lewdness. The stake president then informed the McCallisters that the 
arrest had nothing to do with sexual abuse allegations. Phelps continued to serve in church 
positions. 

The McCallisters continued to warn others that Phelps was a predator. They wrote to 
President Gordon B. Hinckley (a First Presidency counselor at that time), detailing these 
events and asking him to intervene. They heard nothing. When they went to the local media 
with the problem they were punished by their church leaders. In August 1994, Merradyth 
was excommunicated from the LDS Church for "conduct unbecoming a member of the 
Church" and for "actions which have not only affected the good name of the Church but also 
the good names, lives and testimonies of the members." 

Jack resigned his Church membership in protest. Mary Plourde, a family friend who worked 
on this case with the McCallisters was also excommunicated that same month, for the same 
reasons. Plourde and Merradyth reported they were refused copies of their 
excommunication notices, after being allowed to briefly see them and hear them read aloud 
by the bishop. They said the documents were signed by Gordon B. Hinckley. They have 
since taken their crusade to Oklahoma City detectives and prosecutors.” 

PHELPS-Ron Phelps 2.pdf 
VERBATIM FROM: 

Blame the Victim: Hushing Mormon Sexual Abuse April 10, 1996 By Marion Smith 
http://xmo.lege.net/doc/hushinq_mormon_sexual_abuse_case_stories.txt 

A letter from the McCallisters to President Hinckley "In June of 1963, my husband Jack, 
had been sexually molested by his bishop (Samuel H. Gardener) [a bishop of the Oklahoma 
First Ward who died in 1967] for two years between 15-17. He was afraid to tell me because 
I wouldn't love or respect him. After we had been married about four months, he told me 
what had happened and how ashamed he felt... I believed him. 


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"In June of 1993, our son, Scott, was 23 years old and recently returned from an honorable 
mission. He told my husband about being sexually molested between the age of 15-17 by 
his bishop (Ronald W. Phelps). Scott was ashamed to talk about it prior because he feared 
the negative reaction of others... I believed him. 

"In September of 1993, the three of us talked to our Stake President, Gary James 
NEWMAN. Scott both told and graphically demonstrated the sexual abuse he suffered... 

The details and manner of the molestation were discounted and minimized by Pres. 
NEWMAN. He told us he couldn't believe such a thing was true.... we also wrote you a letter 
explaining the details of the situation and asking for direct intervention and investigation into 
the matter from Church Headquarters. We heard nothing... only silence. Our pain increased. 
We talked with other member parents to see if they were aware of anything that had 
happened to their family members. We formed an emotional support group for survivors of 
sexual abuse.... We felt only contempt for us by Pres. NEWMAN. He threatened us to 
'either stop talking to the Church members about this or I'll draw up the papers to have you 
excommunicated for failure to sustain your leaders and apostasy.' He told us... they couldn't 
accept Scott's word over a priesthood leader held in high esteem... 

"Because Pres. NEWMAN was not willing to hear our cries for help and told us to 'do what 
you have to do... but stop talking to the members of the Church about this or I'll 
excommunicate you,' we went to the police and filed felony charges against Ron Phelps... 
The police informed us until there was more evidence developed, it would be difficult to 
prosecute the case. They believed Scott and recognized the deception used by typical 
pedophiles with multiple victims.... 

"A criminal background check revealed Ron Phelps had been arrested for indecent 
exposure prior to being called as Bishop in 1980 [the charges were later dropped]. He was 
recently arrested in an Oklahoma University rest-room in Norman Oklahoma on December 
3, 1993. He did 'unlawfully, willfully and wrongfully solicit, induce and entice one John 
Bishop, an undercover police officer, to commit an act of lewdness contrary to the form of 
the Statutes in such cases made and provided, and against the peace and dignity of the 
State of Oklahoma.' (Copy enclosed) We thought it was important to notify others with this 
public information to protect their children..." (Letter dated March 23, 1994) Neither 


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President Hinckley nor other church leaders in Salt Lake City were anxious to go to at for 
the McCallisters." 

PHELPS-Ron Phelps 3.pdf 
http://www.utlm.ora/newsletters/no91 .htm 

05/10/85 Idaho 

LDS Larren ByBee Arnold was placed on the BSA confidential files. "All contacts 
expressed concern about Larren Arnold's reputation with chid sexual molestation. One 
contact, however, was Mr. Arnold's ecclesiastical leader who had first-hand knowledge of 
child sexual molestation of one or more Scouts. In the past, no charges were files as the 
mother was talked out of it at the time by church leaders." 

ARNOLD-Larren Bybee Arnold-1 BSAfile.pdf 
http://documents.latimes.com/larren-bvbee-arnold/ 

“The Boy Scouts of America and the Mormon church face another lawsuit for alleged child 
sexual abuse. The Scouts blacklisted Arnold in 1991, six years after his conviction, Scout 
records show. The plaintiff, now 53, is the seventh Portland man suing the Boy Scouts for 
alleged sexual abuse. One case, brought by two brothers last year, also targets the Mormon 
church. Combined, all the suits seek $33 million. The latest case, like one other, alleges the 
Boy Scouts and the Mormon church knew by the 1960s they had a widespread pedophile 
problem. The Scouts nationally removed leaders at a rate of one every three days for child 
molestation, the latest suit says. Arnold, reached in Arizona, said he lives in Pocatello, 

Idaho. He said he abused more than one boy while a Scout leader, stayed in Scouting for 

1 2 to 15 years and that the church and Scouts never questioned his background or tried to 
stop him. Arnold said he turned himself in in 1984 for abuse in the Bannock County case. 

He said he has had a clean record since, went through years of treatment and doesn’t recall 
molesting anyone in Oregon” 

ARNOLD-Larren Bybee3.docx 

http://www.kellvclarkattornev.com/mormons-bov-scouts-taraets-of-new-suit/ 


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“Plaintiff Tom Doe alleges that his scout leader sexually abused him from 1967 through 

1970, beginning when plaintiff was around 13 years old. He says the Boy Scouts of America 
and the LDS Church jointly ran his scout troop, and that both organizations "knew that the 
Scouting program itself posed a danger to adolescent boys because the Scouting program 
had shown a concrete, longstanding, consistent, and widespread problem with sexual 
abuse by Scout leaders and adult volunteers.” 

ARNOLD-Larren Bybee 2.docx 

https://casetext.com/case/doe-v-corp-of-the-presidina-bishop-of-the-church-of-jesus-christ- 

of-latter-dav-saints-1 

06/27/85 Oregon 

LDS Jay Douglas Mitchell “was charged with several counts of sodomy and sexual abuse 
involving young children (as young as eight)” He “pled guilty to eight separate charges 
and ...was sentenced to a total of sixty years in prison with a minimum of thirty years.” It 
took “BSA nearly nine months to ban Mitchell from Scouting.” 

MITCHELL-Jay Douglas Mitchell 1.pdf 

MITCHELL-Jay Douglas Michell-BSA File 2.pdf 

http://crewjanci.com/bov-scout-perversion-files-iav-doualas-mitchell-arants-pass-or/ 

http://documents.latimes.com/jav-doualas-mitchell/ 

07/08/85 Palm Springs, 

California 

Victim Jaqueline Tyler “filed a lawsuit in Palm Springs Friday alleging that a missionary for 
the Church of Jesus Christ of Latter-day Saints sexually abused and subsequently fathered 
a child with her while she was 1 3 and he was serving in Rancho Mirage and Palm Desert, 
and church leaders tried to hide what had happened.” 

“The complaint alleges that the missionary committed "repeated acts of childhood sexual 
abuse," including fondling and sex, at least once a week and "resulted in a child being born" 
in June 1986.” 


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“The complaint alleges that the local congregation's bishop encouraged Tyler to leave the 
area until her child was born, and wanted another family to raise the child. She "refused 
both of these plans," the document stated”... 

“Church officials and the bishop told her and her family not to talk about the issue with 
anyone and "suppressed and concealed information related to (the missionary), (his) 
propensity towards childhood sexual abuse, including suppressing and concealing such 
information from (her), her parents, law enforcement, and child protective services. The 

Palm Desert church, local bishop and the Salt Lake City-based Latter- Day Saints church 
could not immediately be reached for comment.” 

“The defendant, was 24 when the child was born, and Tyler was 14.” 

Victim-Jacqueline Tyler 2.docx 

Mormon Missionary Accused of Raping Teen, Fathering Child in Palm Desert 

A lawsuit filed Friday against the Mormon church claims a teenager was sexually 
abused multiple times in Palm Desert and Rancho Mirage in 1985. 

Posted by Renee Schiavone (Editor) , May 03, 2014 at 01 :00 PM 
http://palmdesert. patch, com/aroups/police-and-fire/p/mormon-missionarv-accused-of- 

rapina-teen-fatherina-child-in-palm-desert 

07/21/85 Idaho 

LDS James Schmidt allegedly abuses another child The "case was filed in 2013, in which 
Schmidt is accused of abusing John Doe II according to the complaint. The Plaintiff stated 
"1 am outraged that the BSAand the LDS church did nothing to prevent Mr. Schmidt from 
raping me and the other boys." 

SCHMIDT-James Schmidt 2-Complaint.pdf. 

http://bloximaaes.chicaao2.vip.townnews.com/idahostatejournal.com/content/tncms/assets/ 

v3/editorial/5/93/5930fb5c-dcee-11e2-ace3-001a4bcf887a/51 c8793e8ab5f.pdf.pdf 


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“the men say the LDS Church knew that some of its Scoutmasters and troop leaders had 
molested boys in the past and that it nevertheless continued to put boys in harm's way." 
SCHMIDT-James Schmidt 3.pdf 

http://www.sltrib.com/sltrib/lifestvle/56506054-80/scouts-church-abusescout.html.csp 

"The LDS.... and the Boy Scouts failed to remove abusers from the organization or notify 
police or parents, even after boys and their parents told them about cases of molestation or 
rape." 

SCHMIDT-James Schmidt 4.pdf http://www.idahostatesman.com/2013/06/24/2629653/bov- 
scouts-mormonchurch-sued.html 

In 1979 BSA "council Executive Rex Black first wrote national Scouting leaders about 
Schmidt" but "according to the May 13, 1981 letter... Black feared a public spectacle and 
had told Schmidt so in 1979, warning him a legal case would bring bad publicity to Schmidt 
and to the Scouts." 

SCHMIDT-James Schmidt 6.pdf 

www. idahostatesman.com/2012/11/25/2358686/scout-sex-abuse-lawsuit-settled.html 

08/28/85 Oregon 

LDS John Lee Cox “The defendant was convicted in the Circuit Court, Clackamas County, 
(Dale Jacobs, Judge), of two counts of first-degree rape and one count of first-degree 
attempted rape, and he appealed. 

Before trial, he moved to suppress evidence of a statement that he had made on August 28, 
1985, after he was indicted, to Beck, a marriage counselor and Mormon clergyman. In that 
statement, defendant admitted that he had had sexual intercourse with the victim, 
his step-daughter, once after he had joined the Mormon Church. The court denied the 
motion. 

At trial, defendant moved separately to strike Beck's testimony and for a mistrial. The court 


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denied the motions. Defendant assigns the three rulings as errors. He asserts that they 
violated the clergy-penitent privilege under OEC 506. We agree and reverse. "COX- 

John Lee Cox STATE v Cox. pdf 

http://law.justia.com/cases/oreaon/court-of-appeals/1987/742-p-2d-694.html 

11/04/85 Utah 

LDS Kevin Garn alleges abuses a "15 year old, She said Garn, who was married, struck up 
a relationship with her and one night took her to a location in Salt Lake City where they hot- 
tubbed together nude. Maher's life unraveled over the next years, which she attributes to 
the incident. She has struggled with pills and alcohol and mental health issues. 

GARN-Kevin Garn 5.docx 

http://archive.sltrib.com/printfriendlv.php?id=14660754&amp:itvpe=napsid 

"Cheryl Maher feels betrayed by authority figures on several levels: by a former boss, a 
local politician, a Sunday school teacher and a church bishop. According to Maher, they are 
all the same man; that being Kevin Garn, the Layton lawmaker who sat naked in a hot tub 

25 years ago with Maher when she was 15. In 2008, Maher tried to get the The Church of 
Jesus Christ of Latter-day Saints, the church of her upbringing, to formally act on that 
betrayal.” 

"1 am not seeking revenge. 1 am seeking justice and want to stop a man who has a powerful 
position in life and needs to be stopped before more damage is done," wrote Maher, in a 
copy of the letter she says she sent to LDS President Thomas S. Monson. The letter was 
released to the Standard-Examiner by Maher late Sunday night." 

GARN-Kevin Garn 2.pdf 

http://www.standard.net/topics/rep-kevin-aarn/2010/03/15/chervl-mahers-2008-letter-lds- 

president-thomas-s-monson-aarns-accus 

"Cheryl Maher said Friday that Utah House Majority Leader Kevin Garn is lying about 
having no physical contact with her when they went hot-tubbing in the nude when she was 

15 years old. She also says they had a long-term relationship at that time and contends that 


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he had affairs with others." 

GARN-Kevin Garn 1 .pdf 

http://www.deseretnews.eom/article/700016074/Chervl-Maher-savs-Kevin-Garnlied-about- 

hot-tubcontact. html 

"The woman whose allegations of sexual impropriety brought down Utah's former House 
majority leader was killed over the weekend, the victim of an apparent murder-suicide in 

New Hampshire. In March 2010, Cheryl Maher contacted legislative leaders and reporters, 
telling her story about how she and Kevin Garn had hot- tubbed nude together in 1985, 
when Maher was just 15 years old. Garn, a Layton Republican, confessed to the relationship 
and resigned from the Legislature days later." 

GARN-Kevin Garn 3.pdf 

http://www.sltrib.com/sltrib/politics/52169685-90/2010-aarnhampshire-hot.html.csp 

She said she did not have contact with Garn until 2002...” “ At the time she was president of 
her LDS ward's Young Women's group, but she had a pill problem and, by her admission, 
"was a mess." 

“Maher made initial contact with reporters and within a few days Garn and his wife, Tanya, 
had arranged a meeting with Maher and her Mormon bishop. They met and Garn 
apologized for the incident and a short time later offered her $20,000. 

Maher said her husband insisted it was not enough, and she should demand $150,000. 

Garn said he believed he was being extorted, but paid her the money and had his attorney 
draft a non-disclosure agreement, where she said she would not go public with her story. 

Garn said he was not paying Maher to keep her quiet, but to make amends with someone 
who believed she had been damaged." 

GARN-Kevin Garn 4.pdf 

http://archive.sltrib.com/printfriendlv.php?id=14660754&itvpe=napsid 

11/07/85 Los Angeles, C A 

LDS Harvey W. Harper's "oldest daughter, now 23 and living on the East Coast, also 
testified against him at the trial. He was found guilty of one count of attempted incest 


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involving the older daughter and four counts of lewd conduct with the younger daughter, 
who was under 14 at the time." 

HARPER-Harvey W. Harper 1 .pdf 

http://artides.latimes.eom/1 987-11 -02/local/me-1 2038 1 lona-fliaht 


The jury "deliberated "for three days, jurors found Harper guilty on five of six felonies with 
which he was charged--one count of attempted incest with his older daughter, now 21, and 
four counts of the more serious charge of molesting his younger daughter, now 15.” 
HARPER-Harvey W. Harper2.pdf 

http://articles.latimes.com/1986-01-29/local/me-1184 1 sexual-abuse 


"GIRL SAYS MORMON BISHOP TOLD HER NOT TO REPORT INCEST" "A prosecutor's 
daughter testified that she didn't initially report allegations that her father had modeled her 
on the advice of her mother and a Mormon bishop." Suspended Deputy Los Angeles 

County District Attorney Harvey W. Harper, 50 of Rancho Cucamonga is charged with two 
counts of attempted incest and four counts of lewd conduct with a child under age 14-a 
daughter who is now 1 5. . . .She said her mother and a Mormon bishop had told her to 
forget about the incidents." 

HARPER-Harvey Harper 3.pdf “Girl Says Mormon bishop told her not to report incest”, The 
Associated Press-screen shot in my possession. 

04/03/86 Maui, Hawaii 

LDS Unnamed Perpetrator at the LDS Maui Land and Pineapple Company. 

This LDS company "recruited youths from Mormon communities in Utah and southern Idaho 
to go to camps in Maui to pick pineapples in the 1970s and 1980s, which led to them being 
sexually molested." 

“The lawsuit claims that Mormon men in their 20s, who qualified for supervisory positions 
after completing their two-year missions, ran the camps, which recruited minors from church 
wards and scouting organizations.” And claims that one man, who was appointed camp 
coordinator, branch president and stake high counselor for one of the camps, molested the 
two boys from 1986 until 1989." 

"Jacob Huggard and Kyle Spray said they were molested by a coordinator who oversaw 
hundreds of boys at a camp from 1986 to 1988. Both men are now living in Pleasant Grove, 


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Utah. According to the lawsuit filed Wednesday, the church recruited hundreds of teen boys 
from Utah and southeastern Idaho to work in Maui pineapple fields in the 1970s and 1980s. 
The camps closed in the 1990s." 

LDS Maui Pineapple company Lawsuit-Unnamed predator.1 and 2 .pdf 
http://www.sltrib.com/sltrib/news/57438270-78/church-lawsuit-sexualcamps.html.csp 

http://archive.sltrib.com/storv.php?ref=/sltrib/news/57438270-78/church-lawsuit-sexual- 

camps. html.csp 

04/25/86 Columbia, South 
Carolina 

LDS Thomas Eugene Dawkins A "Mormon Sunday school teacher was accused of "the 
worst case of sexual abuse I've ever seen during my 30 years in law enforcement," 
according to Richard County Sheriff Frank Powell of Elgin, South Carolina. "I'm not sure 
how a child can cope with something like this." Dawkins was accused of brutally torturing 
and raping a girl over a two-year period starting when she was 13, terrifying her into 
submission by cutting her, showing her body parts he kept in jars, and threatening to dissect 
her. Much of the abuse occurred during church outings, or during privately arranged 
meetings. Dawkins denied guilt, instead, according to reports, "praying and reading from the 
Book of Mormon." 

DAWKINS-Thomas Eugene Dawkins.pdf 
http://reformation.com/CSA/variousabuse.html 

05/01/86 California 

LDS Mark Gum "A former Oxnard man, Tayln Lang, has filed a lawsuit against the Boy 
Scouts of America and the Church of Jesus Christ of Latter-day Saints, alleging he was 
sexually abused more than two decades ago by a Scout leader who was active in the 
church...." the suit says the Oxnard troop was predominantly Mormon and the alleged 
abuser got involved in the Boy Scouts as a direct result of his church involvement 

The suit alleges Gum sexually abused the plaintiff regularly from the time Lang was about 
13," 

“The suit alleges. Gum had Lang spend nights at his home even though he had no children 
the boy's age, and showered naked with some boys at a Scout camp, something no other 


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adults did, the lawsuit alleges. At least one former Scout recalled the shower activity as 
inappropriate, according to the suit. "If a Scout is able to recognize the impropriety of this 
kind of conduct, certainly adults in the organization ... should have taken action on it," Hale 
said. "If they had, it would have stopped the abuse of our client from taking place." 

Filed in Ventura County Superior Court, the suit alleges the organizations knew or should 
have known the alleged abuser posed a risk. It also claims they failed to prevent abuse." 

GUM-Mark Gum. pdf 

https://www.culteducation.com/aroup/1057-the-mormon-church/14386-former-oxnard-man- 

alleaes-sex-abuse-sues-bov-scouts-mormon-church.html 

06/15/86 California 

LDS John Allen Midgett " was sentenced to thirty years in state prison for sexually abusing 
eight girls between the ages of five and ten in his Mormon Sunday School class, beginning 

in 1986." ' ' 

MIDGETT-John Allen Midgett 4.pdf 

http://articles.latimes.eom/1 992-09-1 2/local/me-1 65 1 child-molester-apoloaizes 

“Midgett was charged with “43 counts of sexually assaulting young girls between the ages 
of 5 and 10, was sentenced Friday to 30 years in state prison.... The attacks occurred either 
in Mormon churches in Mira Mesa and Rancho Penasquitos or in the girls' homes. Midgett's 
lawyer, Juliana Humphrey, said Midgett entered the guilty plea in an effort to spare the 
children from having to testify in a trial. Charges were filed against Midgett after he 
confessed to church leaders to some of his crimes. The church leaders, in turn, went to 
police.” "My little daughter was 6 years old when this all started happening to her. She now 
is afraid of everything," the mother said. "We have been through hell. If you can't trust your 
Sunday school teacher, how can you trust anyone else?" 

MIDGETT-John Allen Midgett 4.pdf 

Ex-Sunday school teacher weeps, says: Tm so thankful to you for turning me in. 1 
was without hope.' September 12, 1992| DON STANZIANO 
http://artides.latimes.eom/1 992-09-1 2/local/me-1 65 1 child-molester-apoloaizes 


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http://mormon-alliance.ora/casereports/volume1/part1/v1p1c04.htm 

https://records.txdps.state.tx.us/SexOffender/PublicSite/Application/Search/lndividual.aspx? 

IND IDN=13380797 

07/21/86 Glasgow, 

Scotland 

LDS Karl Monsen Elvik, “A Church youth leader was jailed yesterday after he admitted 
indecency offenses against eight boys. Elvik, 51 , invited children to his house for 
sleepovers and got them to sit naked in cold baths. 

He also filmed boys in various stages of undress. At Glasgow Sheriff Court, Elvik, a former 
member of the Church of Jesus Christ of Latter Day Saints in Pollok, was jailed for 18 
months. He admitted taking indecent images of children, four charges of lewd and libidinous 
behavior and two charges of indecent assault dating from 1986 to 1994. His victims were 
aged between 12 and 16 when the offenses took place. Sheriff Martin Jones OC said: “You 
were involved in grooming young boys while you were in a position of trust. ’’Years after the 
offenses, Elvik, of Wishaw, was confronted by one of his victims and begged him not to go 
to the police. He was reported anonymously to police in 2011." 

ELVIK-Karl Monsen Elvik 1.pdf and 2.pdf 

http://www.dailvrecord.co.uk/news/scottish-news/pervert-church-vouth-leader-jailed- 

3005996 

http://www.clvde1.com/news/local/church-vouth-leader-jailed-for-abusina-bovs/ 

12/31/86 California 

LDS Daniel Montoya "55 of AZ has already been convicted of sexually abusing teen boys 
from his church in Long Beach in the 1980s. More victims have come forward and he is 
back in jail." "He had previously been convicted of molesting two teen boys in the 1970s 
and was arrested again in October of 2014 " "Detectives learned that in 1986, Montoya 
pleaded guilty to molesting two boys who were members of his church, The Church of 

Jesus Christ of Latter-day Saints in Long Beach." 

MONTOYA-Daniel Montoya 2.pdf 


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http://www.deseretnews.com/article/635155625/Ex-LDS-primarv-teacher-aets- 

anothersentence.html?pa=all 

December 31, 1986 Montoya was placed on the BSA Confidential files "Charged and 
arrested for fondling (child molestation). In a handwritten note in the files the BSA states, 
"Please note that Montoya is charged with fondling. No charge has ever been made 
involving any violent act. He is a meek and mild young man." May 21,1 987 (newpaper 
clipping) "A former Mormon missionary and Boy Scout leader who pleaded guilty last year 
to molesting two boys has been ordered to spend on year in a residential behavioral 
treatment program." 

MONTOYA-Danel Montoya 1 -BSA File.pdf 
http://documents.latimes.com/daniel-montova/ 

02/01/87 Georgia 

LDS Charles Michael Snider "After defendant was found guilty but mentally ill with respect 
to child molestation, invasion of privacy, and cruelty to children charges, the Superior Court, 
Cherokee County, Gault, J., denied defendant's motion for new trial. Defendant appealed. 

The Court of Appeals, Andrews, J., held that:(1) evidence supported child molestation 
conviction;(2) evidence supported invasion of privacy conviction; and (3) indictment 
sufficiently apprised defendant of what he need to prepare to meet." "K.S., who was 11 at 
this time and beginning to develop physically, began to see Snider completely **571 
unclothed lying on the bed or standing in the doorway of his bedroom, sometimes touching 
his genital area. She reported this to her mother who talked to Snider about it. He admitted 
that he had done this, and Mrs. Snider talked to church elders who counseled with Snider.” 

SNIDER-Charles Michael Snider SNIDER v State.pdf 
https://www.courtlistener.com/opinion/1302246/snider-v-state/ 

03/27/87 Utah 

LDS John Wood Fanning "Has admitted to having an involvement with a teen age boy on 
one occasion while the two sleeping together in a double sleeping bag during an Order of 
the Arrow overnight activity." Notes and letters from K Hart Bullock LDS Scout Executive 


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included in the BSA files. Fanning is shown to be involved in troops in Illinois and 

Louisiana.” 

FANNING-John Wood Fanning-BSAFile.pdf 
http://documents.latimes.com/iohn-wood-fannina/ 

04/01/87 Utah 

LDS Mitchell Blake Young "A victim filed suit against The Church of Jesus Christ of Latter- 
day Saints stating that the church protected the perpetrator. 

The plaintiff, A. Doe, claims defendant Mitchell Blake Young abused him between 1987 and 
1992, when he was 6 to 12 years old.” 

“Young was convicted in 1993 and was sentenced to 15 years in Utah State Prison for the 
crime." "The suit also alleges church leaders knew Young had sexually abused children for 
more than a decade when he began abusing A. Doe." 

"The church has said it encourages members to report abuse to law enforcement and now 
has a system that flags the membership records of those with any reported child abuse 
complaints. The church also set up a toll-free number for leaders to report abuse.” 

“According to the lawsuit, Gordon Young and the LDS Church knew of Young's abuse of 
children as early as 1975. In 1975, Gordon Young received complaints that his son had 
abused neighborhood children in the Butler 20th Ward in Salt Lake County. And then 
in 1980, the church sent Young on a mission to the Whitefish Bay area of Canada, where 
the church received reports he was sexually abusing children from a nearby tribe, the suit 
said. The church recalled Young from the mission but failed to report him to authorities. 
Instead, he was "cured" through counseling and therapy, it said.” 

“In 1985, in Maricopa County, Ariz., Young was convicted of sex crimes against two 
children, ages 4 and 7, and was sentenced to 5 years' probation. The Butler ward Bishop 
James H. Woodward wrote a letter to the judge volunteering to monitor and supervise 


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Young and urging against a prison sentence. The letter did not disclose the church's prior 
knowledge of child abuse allegations against Young.” 

“In 1986, Young met A. Doe's mother, a single woman in the Butler 20th Ward. Gordon 

Young hoped to "cure" his son by marrying him to the woman, who had just immigrated to 
the United States, the suit alleged. Gordon Young told the mother his son was a religion 
instructor to gain her trust, the suit claims. Young was often left alone in his father's Utah 
home with her children, and there he sexually abused the plaintiff, the suit alleges.” 

“Although church leaders knew Young's unsupervised contact with the plaintiff and his 
siblings was a violation of his Arizona probation, the contact was not reported according to 
the lawsuit.” 

“In April 1988, Young pleaded guilty to new criminal charges of sexual misconduct with a 
group of four boys in the locker room of a Salt Lake City youth center. That information was 
deliberately concealed from the young mother by the Young's and church leaders, and the 
abuse against her son continued, the lawsuit claims. The suit asks for unspecified 
damages." 

Victim Sues LDS Church, Sex Abuser Tuesday, July 2, 2002 BY ELIZABETH NEFF 

YOUNG-Mitchell BlakeYoung.pdf 
http://kosnoff.com/Articles/Articles102.html 

05/01/87 Idaho 

LDS Robert "Scott" Price “was a Scout and youth leader at an LDS church in Bannock 
County, who began abusing children in the mid-'90s, though some records indicate he 
started earlier.” A Bannock County Sheriff's Office report shows that 1994 or 1995 is when 
the Price and some Scouts stayed in a cabin near Driggs, and molested a 14 year old boy. 
There are at least 14 incidents, which involved oral sex and fondling of boys ages 15 to 17, 
which followed, according to the sheriff's office report... “He told the boys they would ruin his 
life if he was turned in and that the boys wouldn't be able to go on LDS missions if anyone 


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found out, investigators reported. Several episodes occurred during church-sponsored 
camping trips for young men. Police arrested Price, who appeared in court for the first time 
on March 1 , 2001 . He was released from jail on a $1 00,000 bond while deputies 
investigated his case.” 

“By May 2, 2002, Price had returned to Scouting, sheriff's investigators reported.... On May 
7, 2002, Judge Randy Smith ordered that Price be arrested for violating the terms of his 
release by spending time alone with children. Charged with five felonies, Price pleaded 
guilty June 20, 2002, to three: sexual abuse of a child under 16, lewd conduct with a child 
under 16 and sexual battery of a child 16 or 17 years old. Smith received at least 40 letters 
from people affected by Price's conduct. The judge sentenced Price on Sept. 5, 2002.” 
"The Defendant sexually molested several underage boys (at least eight) since 1987," the 
judge wrote on Dec. 23, 2002, regarding a hearing where he refused to reduce the 
sentence. "Mr. Price also used his position as a leader in the boys' church, as a Scout 
leader and as a friend. ... Given the evidence here, he cannot have a life without 
supervision." (The links to Zuckerman's article are continuously taken down so I found the 
AG site and if you scroll you will see the screen print of all of Zucherman's work). 
http://www.livawards.org/pdf/2005/ScoutReduced.pdf 

https://www.attorneygeneral.jus.gov.on.ca/inquiries/cornwall/en/hearings/exhibits/Mary_Lyn 

n_Youna/pdf/02_Media_Report_rev.pdf 

http://www.idahoboyscoutabuse.com/scout-casenot-found-court-records-show-fourth- 

pedophileled-several-bov-scout-outinas/ 

"SCOUTS HONOR" By Peter Zuckerman" 

PRICE-Robert Scott Price 1 .pdf 


Perpetrator: Price, Robert Scott - Mormon 


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The following is verbatim (with permission) from 
http://www.idahoboyscoutabuse.com/perpetrators/robert-scott-price/ 

Place: Bannock County 

Troop & Location: Grand Teton Council - Idaho 

Years in BSA: No IV File, Scouting 1987-2002 

Description/Convictions: 

Post Register article details more than a decade of child sex abuse while being active in 
Scouting and the LDS church. Post Register - Zuckerman. Convicted of Sexual Abuse of a 
Minor in June, 2002. 

Doe... Interview with Andrew Chasan and a BSAAbuse Victim 
BSA PERPETRATORS Timeline for Robert Scott Price: 

Born 2/1962SSN Issued in Idaho 

80’s Lived in Green River, Wyoming. (Sweetwater County.) Checked with Sweetwater 
County Criminal and Civil courts - no records exist on Price. We don’t know if he was 
involved in the Scouts in Wyoming, but he was most likely involved in the LDS church. 
Winter of 94 or 95 
2001 

Price was arrested and appeared in Court on March 1 , 2001 . He was released from 
jail on a $100,000 bond while deputies investigated his case. By May 2, 2002, Price 
had returned to Scouting, and at least one person was “very concerned about Price 
being around the young boys” at Boy Scout functions. (Post Register.) 

6 / 20/02 

Price pleaded guilty to sexual abuse of a child under 16, lewd conduct with a child 
under 1 6 and sexual battery of a child 1 6 or 1 7 years old. 

9/23/2002 

Wife filed for divorce. Divorce decree granted 11/22/2002. (Court records.) 

12/23/02 

The judge wrote that Price had sexually molested at least eight underage boys since 
1987. He wrote that Price used his position as a leader in boys Church, as a Scout 


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leader and as a friend. Sentenced to Life in Prison. Parole Eligibility Date: 

5/1/2017. (Court records.)" 

PRICE-Robert Scott Price 2.pdf 

http://www.idahobovscoutabuse.com/perpetrators/robert-scott-price/ 

06/27/87 Arizona 

LDS Derek Marian Layton accused, convicted and sentenced to 25 years in prison for 
"Sexual with minor and dangerous crimes against children" LAYTON-Derek Marian Layton 

1 pdf . "Mormons Tried to Cover Up Their " Members" Molestation of my Three Children. 
AUTHOR: Michelle - (U.S.A.) SUBMITTED: Saturday, March 05, 2005 
“Once upon a time there was a good upstanding Mormon boy, Derek Marian Layton, that 
was our part time babysitter and worked for my company. We finally found out that he had 
been molesting our three children for four years, and severely molesting them and 
threatening them not to tell, or he would kill their parents.” 

“To make a long, long story short, Once he was arrested the Mormon Community came 
forward to protect Derek. The press wouldn't cover the story, "Largest Known Molest case in 
the State of Arizona at the time. We had fine upstanding Mormon citizens harassing us 
about picking on Derek. The mormon community bailed him out of jail.” 

“We spent a year and a half with court hearings, and Me, A mother, that believed 1 knew 
what was in the best interest of my children and my family. 1 fought an uphill battle and with 
evidence fit to bury any king.” 

“Derek Marian Layton was sentenced, not to what the Mormon community wanted, 

Probation, LOL, but to what a bitter and angry mother defending her children wanted. 
TWENTY FIVE YEARS FLAT in the Arizona Department of Corrections. Parents, you can 
beat the Mormons in Court, Stick to your guns, pray a lot and fight like Hell for your 

Childrens Rights." 

LAYTON-Derek Marian Layton 2.pdf (Copy in my possession). 

07/23/87 Utah 

LDS Robert David Stillwell placed on the BSA confidential files July 23, 1987. On August 

5, 1987- K Hart Bullock Scout Executive, Great Salt lake Council writes a letter to BSA Paul 


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Ernst. “Dear Paul, 1 am enclosing a confidential record sheet on Robert David Stillwell of 

Salt Lake City, Utah. It is my feeling that Mr. Stillwell should not be involved in the Boy 

Scout program. He was brought to my attention by the father of a 13 year old boy who 
observed some very unnatural interest that Mr. Stillwell was demonstrating toward his boy 
and several of his friends. In checking with Mr. Stillwell's LDS Bishop 1 find that he has been 
accused of sexually molesting a boy by the boy and the boy's mother, but denied any such 

activity 1 have visited with his LDS Bishop and he assured me that they would remove 

him from the Scouting program and any involvement with youth." " Have received 
complaints from a Scoutmaster of another troop and a father of a 13 year old boy that 

Robert Stillwell has and is showing unusual attention to his son and 3 other boys, l.e. 
inviting them to movies" ....and "on a week long trip to Catalina Island." Stillwell registration 
for LDS scouting sent but rejected by BSA in 1988 and 1991 . On October 23, 1991, there 
is a letter from Lloyd T Anderson in the BSA files, Stake President to Elder Lybbert, Area 
President Asia Area Church of Jesus Christ of Latter Day Saints, Central Hong Kong 
regarding Robert Stillwell is in the BSA Confidential files. "1 am writing to provide you 
confidential information which suggests that Church disciplinary action against Brother 
Stillwell is indicated.".,, "In Approximately 1987, Robert Stillwell was a member of the 
Central Park Ward, South Salt Lake, Utah Stake. For approximately one year, he served as 

a counselor in the Young Men's presidency and as an assistant scout master During this 

time period, suggestions of problems with Brother Stillwell and the young men he was 
involved with were first raised by a mother of a young man in the Haven ward... the son 
was questioned but did not admit to any improper actions on the part of Brother Stillwell. 

Later that same year, . . . .parents notified scout headquarters of their concerns. Scout 

Council investigated and turned up some disturbing information" 

STILLWELL-Robert David Stillwell-BSAfile.pdf 
http://documents.latimes.com/robert-david-stillwell/ 

07/27/87 California 

LDS Craig Mathias "has been arrested on charges (lewd and Lascivious acts against 
children) that he molested 11 Scouts, 12 to 14 years old, over the last year and a half." He 


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was sentenced to 6 years in prison. Placed on BSA confidential file July 27th, 1987. 

MATHIAS-Craig Mathias-BSA Files.pdf 
http://documents.latimes.com/craia-mathias/ 

08/14/87 California 

Kenneth L. Hanigan, was placed on the BSA File for allegations of child molestation but in 
the file a letter from the BSA District Scout Executive Lou Garcia indicates that "the Troops 
Charter partner head and the Troop's committee chairman would be informed of his 
suspension." 1 included Hanigan in this document because perhaps this is routine and 
standard operating procedure for the Scouts to notify the Chartering organization when an 
adult scouter is accused of child molestation so here it is in writing on page 10. 

HANIGAN-Kenneth L. Hanigan-BSA notifies Charter organization.pdf 
http://documents.latimes.com/kenneth-l-haniaan/ 

See Larry Van Dyke for an example of the LDS church being notified by the BSA. 

09/01/87 Washington 

LDS Darrell Newby (AKA Rand Darrell Newby), "the said defendant, between August 12, 
1986-August 14, 1986, in the County of Multnomah, State of Oregon, did unlawfully and 
knowingly subject a person under the age of twelve years, to sexual contact..." He was 
convicted of Sexual abuse of a child with "no unsupervised contact with minors without 
consent of his probation officer; adult to be in family home when children are present and he 
is to continue with counseling and sex offender treatment." 

NEWBY-Rand Darrell Newby-BSAFile.pdf 
http://documents.latimes.com/rand-darrell-newbv/ 

09/22/87 Oregon 

LDS Franklin Leon Mathias was "sentenced for molesting an 11 -year-old boy during a 
Sunday School class." The DA Russ West claimed that "Mathias had sexually abused more 
than 70 victims during his adult life." Judge Gooding stated, "1 am disappointed that this 
matter wasn't handled by the system in 1962-we wouldn't have all this wreckage now." 
MATHIAS=Franklin Leon Mathias-BSAFile.pdf 
http://documents.latimes.com/franklin-leon-mathias/ 


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11/17/87 

Utah 

LDS Thomas Opfar, "admitted child molester is now serving a 5 to 15 year sentence in the 
Utah State Prison." The files indicate that Opfar was "Excommunicated." 

OPFAR-Thomas Opfar-BSA File.pdf 
http://documents.latimes.com/thomas-opfar/ 

11/24/87 

Washington 

LDS Denis Bough "pled guilty to sexual activity with minors." 

BOUGH-Dennis Bough-BSAfiles.pdf 
http://documents.latimes.com/denis-bauah/ 

12/18/87 

California 

LDS Larry Van Dyke accused of child abuse "based upon substantial evidence submitted 
to this council.... all information has been reported by this council to the Child Protective 
Services, attention Carol Kearl." "Since Troop 203 is sponsored by the Latter Day Saints 
Church, a Dr. Bill Tanner, member of our Board of Directors, Vice Chairman of the Council, 
and President of the L.A. Stake has also been notified." Letter from Richard B. Frans 

Director of Field Service BSAto Mr. Paul Ernst National Council Registration Service. 

VAN DYKE-Larry Van Dyke-BSAfile.pdf 

http://documents.latimes.com/larrv-van-dvke/ see Kenneth Haniaan also for another 
example of the BSA notifying the Charter Organization. 

01/01/88 

Washington 

LDS Peter Taylor "was accused of and pleaded guilty to sexually abusing his 
stepdaughters." "1[6 According to Jessica, sometime in 1995 she met with Bishop Hatch and 
told him her stepfather was sexually abusing her. Jessica testified that she told her friend, 
Cherisse Anderson that "[Taylor] was coming into [her] room at night, and abusing [her]." 
Cherisse encouraged her to speak to their bishop. Jessica stated that she went to Bishop 
Hatch because she "just wanted the abuse to stop. That's it." Jessica testified that Bishop 
Hatch referred to a conversation with Cherisse in which Cherisse had suggested that Taylor 
had been touching Jessica inappropriately. Jessica testified that after some "back and 
forth," she told Bishop Hatch that her stepfather "touched me on my private parts in the 


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middle of the night, in my bed, and it did make me uncomfortable." 

1f7 According to Jessica, Bishop Hatch responded, "I'm so glad you came and talked to me, 
because I don't have to report it." Jessica said that Bishop Hatch then talked about another 
family in the ward. She testified that he told her "that one of the twin daughters had gone to 
the school counselor, and told the school counselor that her dad was abusing her, and the 
school counselor reported it to Child [Protective Services], And [then] he said that, Child 
[Protective Services] went into the house, the family is losing everything, they are going 
bankrupt, and everybody in the ward is gossiping about them." When asked at trial, Jessica 
replied that she knew about the Roberts family at the time "because there were people 
talking about it." She stated that [the] message came across pretty loud and clear when he 
said, "I'm so glad you came to me and not to a school counselor, or not to a teacher," and 
so on and so forth, meaning that he wouldn't have to report it. But, had I gone to somebody 
else, they would have reported it. And the situation, what happened to the Roberts family, 
would be what would happen to my family. ^[12 In 1998, in an e-mail conversation with a 
friend, Jessica disclosed that her stepfather had sexually abused her for a number of years. 
The friend notified the new bishop of their LDS ward, Bishop Wade. After being told that 
Bishop Wade had been informed of the abuse, Jessica met with him. She begged him not 
to report the allegations; he insisted that he had to. According to Jessica's testimony, she 
said, "But Bishop Hatch said he didn't have to report it." She stated that Bishop Wade 
replied, "Well, he didn't handle it the right way." She also said that he encouraged her to tell 
her mother so that Taylor would move out of the family home. Bishop Wade indicated that it 
would be better if Taylor was not in the house when CPS came. Bishop Wade then 
confronted Taylor about the abuse, and Taylor confessed to Wade. See Jane Doe v. Corp. 
of President of Church of Jesus Christ of Latter-Day Saints, 122 Wn. App. 556, 90 P.3d 
1147 (2004), review denied, 153 Wn.2d 1025 (2005) (related case finding that Taylor 
confessed the abuse to Wade). " 

TAYLOR-Peter Taylor 2.pdf 

LDS Bishop Bruce Randall Hatch alleged FTR in Jane Doe v the cop. Pdf 
http://www.leagle.com/xmlResult. aspx?xmldoc=2007 1 3601 67P3d 1 1 93 1 1 350. xml 


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01/01/88 Australia 

Plaintiff SDW is a “woman who has lost her bid to sue the Mormon church after it allegedly 
failed to report to police that she had been sexually abused. 

The woman, 36, who cannot be identified but was referred to in court as SDW, claimed that 
a Queensland chapter of the Church of Jesus Christ of the Latter-Day Saints knew that she 
had been abused by her stepfather, a church elder who ran a youth group, between 
November 1986 and October 1989 when she was a teenager. 

During a Supreme Court hearing earlier this month, the woman claimed the church had 
breached its duty of care to her and sought damages for serious psychiatric problems she 
had developed as a result of the abuse. 

However Justice Carolyn Simpson today denied the woman the chance to sue as the 
statute of limitations for commencing court action had expired. The court had heard that, 
when she was aged about 16, the woman had told her mother that her stepfather had 
touched her and had sex with her. Her mother reported it to the bishop of the church, who 
was also a police officer, and the church conducted a disciplinary tribunal, known as a 
"church court", which ruled the man be excommunicated." Plaintiff SDW 1.pdf SDW was 14 
when she was abused and "said church members must have known of the abuse. The 
minute my stepfather said what he did to me, people should have stood up and told police 
what he's done to me." 

Plaintiff SDW 2.pdf 

http://www.smh.com.au/news/national/sexuallv-abused-woman-loses-bid-to- 

suemormons/2008/1 1/27/1 227491 71 0008.html 

http://www.abc.net.au/news/2008-1 1 -1 7/women-attempts-to-sue-mormon-church-over- 

abuse/208904 

01/15/88 Blackfoot, Idaho 

LDS Brad Stowell "had testified under oath that from 1988-2007 he molested at least 24 
boys, many of them Scout campers. Another victim was 6 years old. Scout leaders testified 
they received warnings but went ahead and hired Stowell." STOWELL-Brad Stowell 2.pdf 

The following is verbatim from: 

www.idahobovscoutsabuse.com/perptrator/brad-stowell/ 


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"Perpetrator: Stowell, Brad - Mormon 

Place: Idaho Falls 

Troop & Location: Grand Teton Council - Camp Little Lemhi, Chubbuck, ID 

Years in BSA: No IV File, Scouting 1990-1990's 

Description/Convictions: 


1988 admits to molesting a 6 yr. old, sent to LDS social services for counseling. Hired again 
at the same camp in 1989-97. Repeated warnings to the church and scouts were ignored. 
Arrested in 1 997 for child sex abuse while he was at the camp. Post Register - Zuckerman 


Evidence of LDS Knowledge: 

1988 Stowell confesses to LDS Bishop. Post Register Article - Peter Zuckerman 


Brad Stowell in the News: 


More Pedophile Cased Emerge With Scout Camp Connections 

Scout case ‘not found’ - Court records show fourth pedophile led several Boy Scout outings 


Timeline for Bradley Grant Stowell: 


Born 5/1972 SSN Issued in Idaho 

1988 

Stowell admits to the police, his mother, and the LDS Bishop that he had abused a 6 
yr. old neighbor. (Stowell would have been 16.) He was sent to the LDS Social 
Services for counseling and the Bishop said he was cured. (Post Register and court 
testimony.) 

1988 

Stowell was hired to teach first aid at Camp Little Lemhi - Grand Teton Council. 

(Post Register and court documents.) 


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1989 

Stowell was hired as waterfront instructor at Camp Little Lemhi. (Post Register and 
court documents.) 

1990 

Stowell was re-hired at Camp Little Lemhi. (Post Register and court documents.) 

1991 

Stowell was hired as assistant aquatics director at Camp Little Lemhi. (Post Register 
and court documents.) 

? 

Richard Scarborough learned from Stowell’s church leader that Stowell had molested 
a neighborhood boy. (Post Register and court documents.) 

Richard Scarborough related to Bradford Allen (Scout Executive, Tendoi Council) that 
Stowell had engaged in inappropriate relations with a young boy and Stowell should 
not be working with BSA or at Camp Little Lemhi. (Post Register and court 
documents.) 

Richard Scarborough contacted BSA’s western regional director about Stowell’s 
inappropriate actions with the young neighborhood boy. (Court documents.) 

1991 

Richard Scarborough sent a letter to BSA’s national office in Irving, Texas warning 
them of Stowell’s inappropriate conduct with the young neighborhood boy. (Post 
Register and court documents.) 

1992-1993 

LDS Church sends Stowell on a mission to Alaska, where, he confessed under oath, 
he molested at least one child. (Post Register.verbatim from Pedophiles at Scout 
Camp by Peter Zuckerman-STOWELL BRAD 1 .pdf) 

1993 

Stowell’s mother joins the Grand Teton Council Executive Board after spending 14 
years as a Cub Scout leader. 

1/14/94 

Richard Scarborough writes at letter to LDS President Ezra Taft to tell him that the 


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local leaders are ignoring the warning of a pedophile (Stowell) in the LDS Scout 
Troop. (Post Register.) 

4/1994 

Three members of the Northwest Area Presidency of the LDS church signed a letter 
to Richard Scarborough saying the allegation was reported to the Idaho Department 
of Health and Welfare, an investigation was made, and “it was determined the nature 
of the allegations warranted no further action.” (Post Register.) 

1995 

Stowell is hired as aquatics director at Camp Little Lemhi by Jim Summers (Post 
Register and court documents.) 

1995 

Carol Scarborough warns Jim Summers of Stowell’s inappropriate conduct with a 
neighborhood boy. Jim Summers reports the warning to Richard Snow and is told it 
is fine to keep Stowell on staff at Camp Little Lemhi without any restrictions. (Post 
Register and court documents.) 

May 1995 

C. Hart Bullock, area director of BSA, received a report that Stowell had engaged in 
inappropriate conduct with a neighborhood boy. C. Hart Bullock turns info over to 
Bradford Allen who checked with Stowell’s bishop. Allen is told by at least one 
bishop that there was such an incident. Allen questioned Stowell about the incident 
just prior to Scout camp starting. (Post Register and court documents.) 

1996 

Stowell is promoted to Programs Director at Camp Little Lemhi by Robert Fawcett, 
Camp Director. (Post Register and court documents.) 

6/96 

Robert Fawcett warns Stowell about being alone with and touching the boys too 
much. (Post Register.) 

1997 

Stowell is re-hired as programs director at Camp Little Lemhi 

6/97 


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Elias Lopez, Camp Director, warns Stowell about being alone with the boys. (Post 
Register.) 

1997 

Stowell had a girlfriend named “Amy.” (Apology letters to victims. Court documents.) 
7/11/97 

Stowell is arrested at Camp Little Lemhi for child sex abuse. 

12/3/1997 

Stowell sentenced to five months in jail, plus 15 years probation. (Waiting for court 
documents from Bonneville County.) 

11/30/99 

Stowell admits to molesting 24 boys. (Post Register.) 

6/19/2002 

Stowell requests early probation termination. (Court records.) 

3/30/2005 

Report of Probation Violation. (Court records.) 

4/25/2005 

Judgment and Commitment on Conviction of Probation Violation. (Court records.) 

2008 

Released from prison (News report, KSL.) 

10/23/2008 

Five weeks after being released, was back behind bars for violating parole. (News 
report, KSL.) 

June 13, 2011 

Released from prison. (KSL.) 

5/2013 

Lives in Salt Lake City, Utah. Registered Sex Offender. (Background check). 
STOWELL-Brad Stowell 3.pdf 

www.idahoboyscoutsabuse.com/perptrator/brad-stowell/ . 


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03/18/88 California 

LDS Stephen D. Field was placed on the BSA confidential file on June 18, 1971 but even 
though "the LDS Bishop at Valencia told the Brother-in-Law (who was a Scoutmaster in the 
LDS Church) not to associate with Stephen Field anymore" Field "continued to work with 
the Valencia troop after he moved to Newhall. " Field was sentenced (in 1988) to state 
prison.. for molesting two 13 year-old boys.... It appears that this conduct has been going on 
for an extremely long period of time. Field was asked to leave a Santa Monica Boy Scout 
troop in 1971 after complaints from boys in the troop." And "The Boy Scouts of America 
have a file on Mr. Field, dating back to 1 971 , containing some complaints that were made 
about Mr. Field." 

FIELD-Stephen Field-BSAFile.pdf 
http://documents.latimes.com/stephen-d-field/ 

03/21/88 Utah 

LDS Scotty Hyrum Mortensen "was suspended or denied registration with BSA for child 
sexual abuse of three youth-Salt Lake County Sheriff Dept, have 3 charges of child sexual 
abuse against this person. The three boys now refuse to testify and Mortensen won't admit 
guilt. The Sheriff says there is no doubt as to his guilt, but they can't prove it at this time." 
Letter from K Hart Bullock, Scout Executive to Paul Ernst, BSA National on March 18, 1988 
"The LDS ward to which he (Mortensen) belonged have removed him from all involvement 
with their youth." Feb 25, 1988 a written telepohone message from Hart Bullock to BSA 
""Neither the council or National show him registered even though there is talk he is a Scout 
Master." 

MORTENSEN-Scotty Hyrum Mortensen-BSAFile.pdf 
http://documents.latimes.com/scottv-hvrum-mortensen/ 

04/01/88 South Carolina 

LDS Wayne Sells was placed on the BSA Confidential file April 1 , 1 988 for "improper 
relations with young boys." but on December 14, 1987 in the Record was a "Child Sexual 
Abuse Report" written by Joseph R. Patterson. "While making a sponsor head visit with 

Bishop Carl J Sheperd, Woodruff, AZ 85042, Bishop of the Woodruff Ward, LDS Church, 
which sponsors Pack, Troop, Team and Post 64, a discussion was held concerning the 


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problem of child sexual abuse. Bishop Sheperd indicated that a situation had arisen with 
one of their leaders about two years earlier in which this man was holding and rubbing the 
young Cub Scouts. He was remoeved from the position immediately and then he left the 
area. 1 explained to Bishop Sheperd that this information needed to be passed on to the 
National Office and entered into the computer in case he attempted to register in another 
area." 

SELLS-Wayne Sells-BSA File.pdf 
http://documents.latimes.com/wavne-sells/ 

04/29/88 

Utah 

LDS Oliver K. Eames was denied registration witht the BSAand placed in the BSA 
Confidential files on April 29, 1 988 because he "please guilty to sexual child abuse." A letter 
from K. Hart Bullock, Scout Executive to Paul Ernst, BSA National-"! spent half a day 
meeting with the police and sheriffs department, receiving information about Mr. Eames. 

They have documented 52 child sexual abuse incidents which he has been involved in." 

EAMES-Oliver D Eames-BSAFile.pdf 
http://documents.latimes.com/oliver-d-eames/ 

05/23/88 

Utah 

LDS Michael L Larsen was placed on the BSA Confidential file on May 23, 1988 for sexual 
child abuse of an 8 year old.. "Michael Larsen admitted to the sexual abuse charges." 

LARSEN-Michael Larsen BSAFile.pdf 
http://documents.latimes.com/michael-l-larsen/ 

05/31/88 

Utah 

LDS Norman Carl Barber placed on the BSA confidential file because he was "convicted of 
two counts of forcible sexual abuse of a minor (2 15-year old girls-not Explorers). 

BARBER-Norman Carl Barber-BSAFile.pdf 
http://documents.latimes.com/norman-carl-barber/ 


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07/03/88 Utah 

LDS Allen B Washburn, District Sout Executive who is married with children of his own, 
was placed on the BSA Confidential file on 7-3-88 charged with a second degree felony for 
forcible sexual abuse on a child. "Washburn is accuesed of sexually abusing a boy less 
than 14 years old." Washburn was registered as District Executive from December 1983- 
August3, 1988." 

WASHBURN-Allen Washburn-BSA Files.pdf 
http://documents.latimes.com/allen-b-washburn/ 

07/21/88 Nebraska 

LDS Robert D. Campbell, "20, of Aberdeen, Idaho, was released from jail after Mission 
President David Campbell (no relation) posted a $10,000 bond. A hearing was scheduled 
Friday morning in the Dixon County Courthouse in Charlotte. 

President Campbell said he received a call from a ward mission leader, who said the mother 
of the family was making "some serious accusations." The mission president called the 
woman, who said her daughters told her they had been fondled." Wire service reports say 
the woman told a local newspaper that church officials told her not to call the police, that 
they would handle the incident themselves.” (Deseret News July 21 , 1988). 

“Robert D. Campbell, 20, a Mormon missionary from Idaho, was CHARGED with sexually 
assaulting two Tennessee sisters, ages 7 and 9, at a prayer meeting. David Campbell, of 
Nashville, president of the missionary program, told the press "That's not true." The thirty 
two year old woman said "I'll probably be excommunicated over this." She said David 
Campbell advised her not to call the police, although he denies that too. She also said 
church officials called her an hour after the missionary's release from jail asking permission 
for her daughters to "take a lie detector test." Said the mother: "He can deny it all he wants 
to. He told me not to tell anybody, and not to report it... He said the church's attorneys would 
look into it. (Idaho Statesman July 21, 1988.)" 

CAMPBELL-Robert D Campbell.pdf 

http://tnvallevtalks.hoop.la/topic/thev-did-it-not-us?replv=331 3246790233291 54 



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http://www.deseretnews.com/article/11371/HEARING-FRIDAY-FORMISSIONARY- 

CHARGED-WITH-SEXUAL-ASSAULT.html?Da=all 

07/21/88 Arizona 

This case was brought before the Superior Court by the Church in Church of Jesus 
Christ of Latter-Day Saints v Superior Court Arizona 1988 764 P 2d 759.pdf (159 Ariz. 
24, 764 P.2d 759) 

“Mother of victim of child abuse brought suit against alleged molester and against church, 
charging that church was negligent in counseling and treating alleged molester and in failing 
to report his conduct to law enforcement officials. Discovery was sought from three church 
officials, who claimed that information sought was privileged under clergyman/penitent 
privilege. The Superior Court, Maricopa County, Cause No. C-517976, Cheryl K. Hendrix, 

J., compelled discovery in part. Church brought special action in Court of Appeals. The 

Court of Appeals, Fidel, J., held that: (1) special action was proper means to seek relief from 
order requiring disclosure of material claimed to be protected by privilege; (2) 
clergyman/penitent privilege could be impliedly waived; (3) alleged molester, by making 
disclosures to police department concerning his communications with church officials, 
waived any privilege that might otherwise have applied to his conversations with those 
officials or to conversations among officials; and (4) church officials had no statutory 
privilege independent of alleged molester's.” 

“The Court ruled-Review accepted, relief denied. 

Facts 

The facts, as best we can discern them from the record on special action, are these: On 
March 20, 1 984, Cynthia Brown, the plaintiff, went to pick up her three and a half year old 
daughter at the home of Kenneth and Willa Ray; the Rays had been babysitting her child 
regularly since 1982. Willa Ray informed Mrs. Brown that afternoon that Kenneth Ray had a 
sexual problem and had molested his own daughters. Mrs. Brown, who had been 
troubled by her daughter's abnormal interest in sexual behavior over the past year, 


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suspected that her daughter had become Ray's victim. On the following day, Mrs. Brown 
reported her concern to the Mesa Police Department, which had already begun to 
investigate other reports of molestations by Ray. 

Two weeks earlier, on March 9, 1984, Allen Farnsworth, Ray's stake president, a local 
officer in the LDS Church, had been informed of an unrelated molestation by Ray. 
Farnsworth asked Ray's ward bishop, Harold Stradling, to confront Ray with the allegation; 
when Stradling did so, Ray admitted it and acknowledged similar acts with other young girls. 

On March 13, 1984, the Church excommunicated Ray for conduct unbecoming a member. 
The following day, pursuant to A.R.S. § 13-3620 (A), 2 Farnsworth reported Ray's actions to 
the Child Protective Services Agency of the Arizona Department of Economic Security. Ray 
was subsequently investigated, prosecuted, and, upon his entry of a no contest plea, 
convicted for various counts of molestation including the molestation of the plaintiffs child. 

Portions of the Mesa Police Department's investigative report on Ray have been provided 
for our review. According to that report Ray admitted to the police that he had molested the 
Brown child at least twice when she was two years old, and he admitted molesting 
numerous other children over a period of more than twenty years. Ray discussed with the 
police a document that he had prepared for Farnsworth and Stradling and that an officer of 
LDS Social Services had provided to the police. On it, Ray had listed thirty-three of his 
victims. 

He also volunteered the names of Standage, Bailey, and Taylor to the police as church 
officials with whom he had earlier discussed “his problem.” We quote that portion of the 
police report concerning Standage, Bailey, and Taylor: At this point I asked Mr. Ray how 

many times he had had contact with church authorities in reference to his sexual 
problem. Mr. Ray told me that in 1968 he had had contact with a Bishop George 
Standage reference sexual contact with a twelve (12) year old named Debbie and his 
daughter.... Mr. Ray stated that this Bishop Standage sent him to see a Franklin 
Gibson for counseling. Mr. Ray further stated that he had seen a Bishop **762 *27 Art 


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Bailey while he was in Albuquerque, New Mexico, during the period of May 1976 to 
May 1980 and that he had told this Bishop Bailey about dating an adult female and 
also about his 

contact with the twelve (12) year old Debbie, last name unknown, and his daughter ..., 
but he did not go into specifics. Mr. Ray states that he cannot recall the outcome of 
that encounter. Mr. Ray further states that he had contact with a Bishop Taylor who 
was a Stake President during 1976, that this Bishop Earl Taylor called him from Mesa 
while he was in Albuquerque and advised him that Anita Jo and Roseann ... had 
come forward about the incident in which they were molested while they were 
seven(7) and eight (8) years of age. Mr. Ray stated that he was advised at that time to 
have regular contact with his local Bishop but that he disregarded that church 
mandate. 

Plaintiff's counsel now wishes to depose Ray, Standage, Bailey, and Taylor concerning the 
discussions disclosed to the Mesa Police. All claim that the conversations are privileged. 
Standage acknowledges that on several occasions from late 1971 until 1975, while serving 
as bishop of Ray's ward, he “interviewed and counseled privately ... with Mr. Ray about 
various matters,” but he declines to disclose the substance of those discussions. Taylor 
acknowledges that in the fall of 1976, in his capacity as first counselor in the stake 
presidency in the Mesa, Arizona, Salt River Stake of the LDS Church, he telephoned Ray, 
then residing in Albuquerque, “to inquire as to his spiritual condition, due to information 
received ... pertinent to his continued exercise of the rights and privileges accorded an adult 
priesthood holder and member of the LDS Church....” Taylor declines to disclose the 
substance of those discussions. Bailey has testified that he served as Ray's ward bishop in 
1976 when Ray moved to Albuquerque, New Mexico, but has refused to testify whether, in 
that capacity, he confronted Ray with allegations of child molesting. He has also refused to 
testify whether Ray admitted such allegations to him or whether he communicated with 
church officials in Arizona concerning allegations of molestations by Ray.Taylor explains by 
affidavit that “confession, review, and discussion of more serious sin and error with one's 
Bishop, Stake President, or Counselors ... is required of every adult member” of the LDS 


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Church; “that all such confessions ... are private and confidential” whether or not the 
member initiates the confession and regardless of where and when they take place; and 
that “information received from the member by the Bishop in the above confessions ... is 
confidentially shared, on occasion, with the Stake President, and/or with his Counselors ... 
with the express knowledge and/or consent of the member....” The conversations in 
question all fell within this ritual of confession, according to the Church, and thus are 

shielded from discovery by the clergyman/penitent privilege ” 

The Court Ruled: 

Conclusion 

For the reasons stated in this opinion, we accept review, 
but deny relief.” 

Church of Jesus Christ of Latter-Day Saints v. Superior Court..., 1 59 Ariz. 24 (1988) 

764 P.2d 759 © 2017 Thomson Reuters. No claim to original U.S. Government Works. 4 
Church of Jesus Christ of Latter-Day Saints v Superior Court Arizona 1988 764 P 2d 

759.pdf 

https://www.courtlistener.com/opinion/1161834/church-of-iesus-christ-v-superior-court/ 

08/15/88 Idaho 

LDS Kip E Later, was placed on the BSA Confidential files August 15,1988 for "Attempted 
Child sexual abuse during his employment as program director at summer camp." " Later 
"is a student in Youth Ledership at BYU, Provo, Utah. A letter from K. Hart Bullock, Scout 
Executive to Paul Ernst BSA National Council: " "Kip admitted to me that this was not his 
first involvement with a male in a sexual attempt, but that he has on two other occasions 
been caught." In a document entitled 'Report' it stated that Kip "told me that on two other 
occasions he had had problems and had reeived counseling from his religious leaders and 
from a councilor." 

LATER-Kip Later -BSA File.pdf 
http://documents.latimes.com/kip-e-later/ 

08/29/88 Arizona 

LDS Harvey Dee Wright was placed on the BSA Confidential files for "attempted Sexual 


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abuse/Dangerous Crime Against Children in the Second Degree. " in the Files a written 
report reads:" Harvey Dee Wright:-Harvey has been accused and pled guilty to child 
molestation." 

WRIGHT-Harvey Wright-BSA Files.pdf 
http://documents.latimes.com/harvev-dee-wriaht/ 

10/21/88 Utah 

LDS Phillip K. Rimmasch was convicted of child sexual abuse and placed on the BSA 
files. In the files a letter to Paul Ernst, BSA National Council from K. Hart Bullock, Sout 
Executive. " During the past two weeks we have investigated this and have visited in 
confidence with the Bishop of the LDS ward that sponsors the Cub Scout pack. The Bishop 
was disturbed that this matter has risen again stating that the man had paid for the alleged 
offense and his life was in order." 

RIMMASCH-Phillip K Rimmasch-BSA File.pdf 
http://documents.latimes.com/phillip-k-rimmasch/ 

12/09/88 Idaho 

LDS Mark A Swanson was placed on the BSA Files on December 9, 1 988 but a request 
from LDS Bishop Matthews to register him in scouts was sent to BSA for approval. A letter 
from Scott Johnson to Bishop Darwin Matthews in the file reads as follows: "Dear Bishop 
Matthews; Based on the BSA Adult application form submitted for Mark A. Swanson, he is 

not eligible for a position in the Boy Scouts of America Since you approved the 

Application and the Application was submitted to the Teton Peaks Council by your 
organization, 1 would prefer that you inform Mr. Swanson of this decision." Then a note on 
the Adult Application in the file reads, "Scott, Bishop Matthews is recommending this man 
for a scout leader position. He feels he is completely rehabilitated." 

SWANSON-Mark A Swanson-BSA File.pdf 
http://documents.latimes.com/mark-a-swanson/ 

01/01/89 West Valley City, 

LDS Bishop Dave (a pseudonym) “was charged with six counts of child sexual abuse. "a 


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Utah 


bishop in the LDS Church sexually abused a young boy whose first name is Casey. In April 
2004, Casey's mother reported Dave and this pedophile was charged with six counts of 
sexual abuse toward a child. The statute of limitations had passed and the family found out 
a year later that charges could not be brought against this pedophile. In 2003 the LDS 
Church Bishop Lamont Crabtree was informed that "Dave" molested a child. And upon 
being informed of the abuse, one month later, Dave was excommunicated, but the LDS did 
not report him to the police as Casey and his family assumed. Stake President 
Schaefermeyer said to Casey's mother Linda, 'We'd like to keep this low key'. Crabtree said 
he and Schaefermeyer consulted with church advisers and didn't call police because there 
were concerns about protecting Casey's privacy. 

In the process of the investigation, the West Valley City police discovered another of 
"Dave's" victims. A man named Kevin who claimed he was abused by "Dave". 

Casey and his family feel that church leaders should have protected other children in the 
ward by informing members about the allegations. 

Dale Bills, an LDS spokesman, said that since 1995 an abuser's membership record is 
annotated to be sure that the pedophile does not get called into positions where children will 
be at risk. 

The family was shunned by the church and ward for reporting Bishop "Dave". 

"Dave" is a pseudonym used because "Dave" the legal technicality made convicting him 
impossible. The LDS church has presented and fought for legislation friendly to their 
institution and not friendly to the victims." 

DAVE-LDS Bishop.pdf 

Set Adrift As victims of child abuse come of age, religious and legal concerns collide 

Salt Lake City Tribune/June 10, 2006 By Elizabeth Neff 
http://archive.sltrib. com/story. php?ref=/search/ci_3920371 


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01/15/89 Kent, Utah 

LDS David James Gomez " A former LDS bishop was accused of molesting several 
teenage boys and was taken into custody 19 April 2004 on suspicion of 125 counts of 
sexual abuse for allegedly molesting boys who sought religious counseling while he was 
serving as a Mormon bishop 1989-1990” 

“West Valley police Sgt. Craig Black said "We believe church leaders knew about some of 
these allegations six or seven months ago". Gomez faces three first-degree felony counts 
of sodomy on a child and three second-degree felony counts of sex abuse of a child, which 
were filed in 3rd District Court 22 April 2004” 

GOMEZ-David James Gomez. Pdf 

GOMEZ-David James Gomez 2. Pdf 

http://www.deseretnews.com/article/print/595057745/Former-LDS-bishoparrested.Html 

http://www.deseretnews.com/article/595057745/Former-LDS-bishop-arrested. html?pa=all 

01/18/89 California 

LDS Willis Dale King placed on BSA confidential due to being arrested and pleading guilty 
for Child molestation. 

KING-Willis Dale King.pdf 
http://documents.latimes.com/willis-dale-kina/ 

03/24/89 Colorado 

LDS Richard W. Nelson was "convicted of felony sexual child abuse." on April 7, 1987 but 
not placed on the BSA confidential files until April 19, 1988. 

NELSON-Richard W Nelson-BSA File.pdf _ 
http://documents.latimes.com/richard-w-nelson/ 

04/01/89 Portland, 

Oregon 

LDS Kenneth L Johnson Jr., "allegedly abused a Beaverton Boy twice a week from 1987- 
1 989." A lawsuit is filed against the LDS Church. The victims feel the Church is 
responsible." " The $45 million sex abuse lawsuit against the Church of Jesus Christ of 
Latter-day Saints will be mediated by a judge in an effort to reach a settlement instead of 
going to trial. "JOHNSON-Kenneth Johnson 1 .pdf ".According to the Plaintiff, nicknamed 


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D.l. for anonymity, Johnson was acting as an agent of the LDS church through its home 
teaching program, thereby making the church vicariously liable for the damages 
that Johnson caused under the doctrine of respondeat superior.8 The LDS church 
denies that Johnson was acting as its agent, instead stating that he visited the home as a 
family friend." The Amended Complaint filed by the Plaintiff argues that, “While working in 
the second ward of the Beaverton Stake, and for the purpose of furthering his assigned 
duties as a Home Teacher, Johnson identified Plaintiff’s family as with adolescent or 
teenage boys; befriended the Plaintiff, Plaintiff’s brother, and their family; gained the family’s 
trust and confidence as an educational and spiritual guide, and as a valued and trustworthy 
mentor to Plaintiff; gained the permission, acquiescence and support of Plaintiff’s family to 
spend substantial periods of time alone with the Plaintiff; and sought and gained the 
instruction of Plaintiff’s parents to Plaintiff that he was to have respect for authority and to 
comply with Johnson’s instruction and requests... The above course of conduct 
described.... is hereinafter collectively referred to as ‘Grooming’.. ..Johnson, 
while acting within the course and scope of his employment and agency using the authority 
and position of trust as a Home Teacher for the Defendants - through the Grooming 
process — induced and directed Plaintiff to engage in various sexual acts with 
him. ...Johnson used the Grooming process to accomplish his acts of sexual molestation. 
Johnson’s Grooming was (1 ) committed in direct connection and for the purpose of fulfilling 
Johnson’s employment and agency with the Defendants (2) committed within the time and 
space limits of his agency as Home Teacher (3) done initially and at least in part from the 
desire to serve the interests of Defendants; (4) done directly in the performance of his 
duties as a Home Teacher (5) was generally actions of a kind and nature which Johnson 
was required to perform as a Home Teacher; and (6) was done at the 
direction of, and pursuant to, the power vested in him by the Defendants.” 

THIRD AMENDED COMPLAINT at 2-4, D.l. v Corporation of Bishops of the Church of 
Jesus Christ of Latter Day Saints, No. 0603-03429 (2007). 

“The Complaint further claims that years later Plaintiff sought the counsel of the church 
when he realized he had been damaged, and they offered him counseling and 
advised him that the statute of limitations for pursuing the matter had past, a false 


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representation that Plaintiff claims was a knowing one.” Id. at 4-5. " 

JOHNSON-Kenneth L Johnson 2.docx 

http://www.lawandreliaion.com/sites/lawandreliaion.com/files/ND10-1TithinaShort.pdf 

http://archive.sltrib.com/storv.php?ref=/ci 6478702 

05/01/89 Corpus Christi, 

Texas 

LDS Robert Eric Longman, "a Mormon missionary in Corpus Christi, Texas, from 
Longandale (state name not given), molested a three-year old in a bedroom while two other 
missionaries talked with the mother. He entered a plea of "no contest" to the charges, filed 
in May 1989, of indecency with a child. He was sentenced to eight years probation, a 
$1 ,000 fine, and required to pay $400 in court costs." 

LONGMAN-Robert Eric Longman.pdf 

http://web.archive.ora/web/200708221 74244/http:/www.mormonalliance.ora/casereports/vol 

umel Dartl /vl d 1 c04.htm#OTHER%20CASES 

06/01/89 Arizona 

LDS David James Borg, "In 1989, thirty-six-year-old David James Borg, a Mormon 
Scoutmaster in Sierra Vista, Arizona, pled guilty to a charge of molesting three boys, ages 
eleven, thirteen and fifteen years old, at his home and on scouting trips for five months in 
1988 and admitted that there were at least twelve more victims. He was convicted and 
sentenced to thirty-four years in prison." BORG-David James Borg 2.pdf 
http://web.archive.ora/web/200708221 74244/http:/www.mormonalliance.ora/casereports/vol 

ume1/Dart1/vlDlc04.htm#OTHER%20CASES 

“He was placed on the BSA confidential files June 1989 (was in the BSA program since 

May 1987 as Scout Master. In the files there is a memorandum dated November 8, 1988 
which included the following statements. "The existence of molestations in the Troop and 
Post sponsored by the Church of Jesus Christ of Latter-day Saints, Sierra Vista 2nd ward, 

came to light in September, 1988 at least five boys are involved. All of them apparently 

come from Mormon families in the ward "Borg loved in 1987 from New jersey. He had 

been involved there with this church as a Young Men's organization president and had been 


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released from that calling after an incident where he was discovered in bed with a young 

man from the ward, age 18. He apparently admitted to the Bishop That's all 1 know 

about the church calling in New jersey.... There is potential liability for the Church on 
this one, independent of it's position as Sponsoring Organization. It appears that Borg 
had some contact with a "Brother Perry" in the Social Services of the LDS Church. He said 
that Brother Perry didn't understand homosexuality and didn't help him very much. There 
are at least 20 separate instances of sexual misconduct or molestation." The mother of the 
youngest victim reported the incident according to a copy of news clipping in the files. Borg 
was convicted and under a plea agreement will serve 24 years in prison.” 

BORG-David James Borg 1-BSA Files.pdf 
http://documents.latimes.com/david-james-bora/ 

06/01/89 West Virginia 

LDS Jame Adams "This case was filed in Raleigh County Circuit Court in Beckley, WV in 
January, 1996. Adams was an "Ordained Elder" who sadistically abused his own children, 
even forcing them to make pornography which was confiscated by the state police. The suit 
seeks $750 million dollars from the LDS Church and other defendants. The mother who 
brought the case is identified only as Rebecca Doe. She alleges that LDS Church leaders 
had known about the abuse since 1989 but did nothing about it until Adam's arrest in 1994 
(FIVE YEARS later).. Adams was sentenced to 76 to 185 years in prison. In 1997, the LDS 
Church sought removal to the United States District Court in Charleston, WV, claiming a 
federal question jurisdiction. In the fall, the federal court declined to accept jurisdiction and 
sent it back to state court. Also in the fall of 1997, the West Virginia Supreme Court, in a 4-1 
decision, upheld a trial court ruling that prevented plaintiff's from serving subpoenas on 
Mormon President Gordon B. Hinckley and other high officials and from seeking detailed 
statements of LDS Church assets on the grounds they were too "oppressive and 
burdensome" on the Church. The father first told several Mormon ward leader and 
members in Beckley that he was abusing his children in 1989." according to the 

Houston Chronicle May 08, 1999 article by Paul McKay "Mormons Caught up in Wave of 
Pedophile Accusations. The children were abused for 6 years and the father is serving a 


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prison term totaling 173 years!" ADAMS- 

James Adams 3.pdf/1 .pdf72.pdf and 2 docx 

https://www.culteducation.com/aroup/1057-the-mormon-church/14437-clerav-ianores- 



victims-alleae-lds-plaintiffs.html 

http://nowscape.com/atheism/mo pedophile.htm 

06/08/89 

Texas 

LDS Jimmy D. Young " was arrested for Child Abuse and placed on the BSA confidential 

Fils. "By his own admission to his Scoutmaster, Billy DeBusk, he did in facet sexually 
abuse the boy as charged." 

YOUNG-Jimmy Young-BSA file.pdf 
http://documents.latimes.com/iimmv-d-vouna/ 

08/14/89 

Arizona 

LDS Les Paul was found guilty on 32 counts of child molestation in the LDS 7th ward 

Tucson East Stake, and he was sentenced to over 400 years in prison. "He "exploited the 
trust of four boys when he molested them repeatedly for two years." "The boys were ages 
8-12 years old. Three of the boys are the sons of a friend and the other a neighbor." 
PAUL-Les Paul-BSAFile.pdf 
http://documents.latimes.com/les-paul/ 

08/25/89 

Alabama 

LDS William W. Gillespie was "charged by separate indictments with four instances of first 
degree sexual abuse and one instance of first degree sodomy. He was found by jury to be 
guilty on three of the charges of first degree sexual abuse of little children." "the prosecutor 
asserted that "We believe we can show that the defendant was charged with incest with his 
own daughter in a church court, and she (his wife) was aware of those charges. The result 
of that is, he was excommunicated from the Church of Jesus Christ of Latter Day Saints". 

The Church records of excommunication were destroyed and the judge disallowed any 
questions regarding his prior child abuse until witnesses ****jn from the Church, a church 
official." 


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Gillespie-William w Gillespie-William W Gillespie v State.pdf 

http://law.iustia.com/cases/alabama/court-of-appeals-criminal/1989/549-so-2d-640-0.html 

09/01/89 Dallas, Texas 

LDS Carlos Rodrigues abused a thirteen-year-old. The victim "told her school counselor 
that her stepfather, Carlos Rodriguez, had raped her. The counselor called Child Protective 
Services (CPS), who immediately sent a caseworker and David Wilson, a detective, to the 
school to talk with the child. The victim told Detective Wilson that Rodriguez had been 
sexually abusing her for approximately five years. Detective Wilson and the caseworker 
went to the victims's home to speak with her mother, Deanna Rodriguez. Deanna 
expressed disbelief at the news that Carlos had raped her child.” 

“Bishop Howard Romney, was Rodriguez's bishop in the Mormon Church. "The prosecutor 
elicited unfavorable testimony about Bishop Romney from other witnesses. He cites three 
instances where witnesses testified that Bishop Romney was told about Rodriguez's abuse 
of the victim one year or more before the police investigation." 

RODRIGUEZ-Carlos Rodriguez v the State ofTexas.pdf Rodriguez v. State, Not Reported 
in S.W.2d 1997 WL 527843 Only the Westlaw citation is currently available. 

NOT DESIGNATED FOR PUBLICATION. Court of Appeals of Texas, Dallas. Carlos 
RODRIGUEZ, Appellant v.The STATE of Texas, Appellee No. 05-95-01 356-CR. | Aug. 27, 
1997. On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court 

Cause No. 199-80309-95 (1997) Copy in my possession. 

09/05/89 Rexburg, Idaho 

LDS Jared Chabot Murray was in scouting for “15 years and placed on the BSA 

Confidential file for pleading guilty to one count of lewd and lascivious conduct with minor 
children in a plea bargain that resulted in the dismissal of three other felony charges." The 
charges involve four children under the age of 1 6. " (Post Register clipping in file). . 

MURRAY-Jared Chabot Murray-BSAfile.pdf_ 


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http://documents.latimes.com/iared-c-murrav/ 

09/07/89 Utah 

LDS George P. Lee, of the “ First Quorum of the Seventy, sexually abused a twelve year 
old girl. He was excommunicated from The Church of Jesus Christ of Latter-day Saints, he 
pleaded guilty to attempted sexual abuse of a child, a third-degree felony The victim said, 
"said the abuse began when she was 9 years old and lasted for three years." 

LEE-George P Lee 2.pdf 

Ex-LDS leader George P. Lee booked for allegedly not registering as sex offender 

The Salt Lake Tribune - July 31 , 2007 by Nate Carlisle 
http://www.sltrib.com/news/ci 6504464 
http://reformation.com/CSA/variousabuse.html 

09/22/89 Orem, Utah 

LDS Brian Richard Peterson was "charged with first degree felony on three counts of 
sodomy on a child" and was placed on the BSA Confidential Filesin 1989 but in a document 
in the Files labeled 'Writeup on Brian Peterson dated September 22, 1989 it is stated that 
"Between 1985 and the fall of 1988 multiple complaints had been filed against Brian with 
the Council varying from verbal abuse to threatening hostile action to attempted child 
abuse, but no formal complaints were ever filed with the authorities." During his sentencing 
in 1989, "District Judge Cullen Christensen said "Peterson was a poor candidate for sex 
offender treatment, and had proven 'He's quite accomplished in this type of activity." “ A 
neighbor testified that Peterson bragged about his sexual exploits with male children and he 
said to her that "I've had little boys all over the state of Utah in conjunction with the Boy 

Scout program-give me an 11 year-old boy for a week, and I'll make him a homosexual for 
life." 

PETERSON-Brian R Peterson BSAFiles.pdf 
http://documents.latimes.com/brian-r-peterson/ 

09/22/89 Utah 

LDS George M. Schliesser is a “Primary teacher in his ward and an Assistant Scout- 
master of Troop 235. He was placed on the BSA confidential file for two counts of first 


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degree sodomy of a child and two counts of second degree sexual abuse of a child. 

Included is a press statement, a documentation of events, and a newspaper clipping. "The 
oldest child that was involved with Mr. Schliesser was six years old." "The charges involve 
four children ages 3 to 6." 

SCHLIESSER-George M Schliesser-BSAFile.pdf 
http://documents.latimes.com/aeorae-m-schliesser/ 

10/01/89 Montana 

LDS Grant Hildreth "In the fall of 1989, in an effort to improve her algebra grades, K.D. 
began tutoring sessions with her cousin, Grant Hildreth. At the time, K.D. was a fifteen-year- 
old high school sophomore and Hildreth was a 26-year-old attending college. Hildreth 
sexually molested K.D. At trial, K.D. testified that Hildreth later apologized and suggested 
that she go to her bishop and repent because he had gone to his bishop and talked to him 
about what happened. In August of 1990, K.D.'s parents learned of the incident through two 
letters written by K.D. which her father inadvertently found in her room. The letters 
described what was going on in K.D.'s life, and what Hildreth was doing to her. During trial, 
K.D. testified about several other incidents where Hildreth had subjected her to similar 
sexual assaults.” 

“After initially thinking that the situation could be handled by the family or through a Latter 

Day Saints church procedure, K.D.'s parents eventually went to the authorities. Hildreth was 
charged, by information dated July 9, 1991, with sexual assault, a felony. A two-day trial was 
held in which Hildreth raised an alibi defense, saying he was attending his own birthday 
party on November 16, 1989. At the close of trial, the jury returned a guilty verdict on the 
felony sexual assault charge. The District Court deferred imposition of sentence for six 
years upon certain terms and conditions. Execution of 

sentence was stayed pending Hildreth's motion for a new trial. The court denied the motion, 
and the stay of execution was vacated." 

HILDRETH-Grant Hildreth The State of Montana v.pdf State v. Hildreth, 267 Mont. 423 
(1994)884 P.2d 771 


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© 2013 Thomson Reuters. No claim to original U.S. Government Works. 1 267 Mont. 423 
Supreme Court of Montana. STATE of Montana, Plaintiff and Respondent, v. Grant 
HILDRETH, Defendant and Appellant. No. 94-025. | Submitted on Briefs July 6, 1994. | 
Decided Nov. 1, 1994. | Rehearing Denied Dec. 8, 1994. Copy in my possession. 

11/07/89 Utah 

LDS Michael Stillman was placed on the BSA Confidential files for alleged child 
molestation. 

STILLMAN-Michael Stillman-BSA file.pdf 
http://documents.latimes.com/michael-stillman/ 

11/09/89 Utah 

LDS Jon Ricks Carpenter aka John Rick Carpenter, “is a convicted child molester from 
Utah, who was set free after serving less than two days of a one- to- 15-year sentence.... 
“Documents obtained by the Weekly show that in the 1980s, Carpenter was arrested on 
multiple counts of aggravated sexual abuse and charged with molesting two 8-year-old girls. 
His victims tell the Weekly that Carpenter, then 24, was a Sunday school teacher at a 

Mormon church in Provo County. "He had sexually abused several kids," Sharon Davis of 
Salt Lake City alleges. "1 do know [about] other kids. It happened to me."... 

Carpenter pled guilty to a second-degree felony for sexual abuse of a child and was 
sentenced to up to 15 years, with a chance to enter a sex-offender treatment center... 

But the day after he was sentenced in 1989, according to jail reports, Carpenter stood atop 
his bunk bed and dove head-first into the concrete floor. When a guard later asked if he'd 
jumped intentionally, Carpenter replied, "Yes, 1 did, it's better than being in this place for six 
months."... 

Although he's a convicted child molester, Carpenter doesn't appear on the public sex- 
offender registry.” 

Child Sex Abuser Profits by Suing 1,000 Firms Under Disability Act 
by Hillel Aron Thursday, Dec 5 2013 

CARPENTER-Jon Ricks Carpenter.docx 


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http://www.laweeklv.com/2013-12-05/news/jon-carpenter-child-abuser-ada-lawsuits/ 

12/22/89 Idaho 

LDS Sidney Spencer was placed on the BSA Confidential files but received another Adult 
Application 12/18/91 to the BSA approved and signed by Bishop Walz from the LDS 

Church (Charter Organization) but this was denied by the BSA. On this application 

Spencer answered the question, Have you ever been convicted of a criminal offense to 
which he replied-INCEST 1984 16 yrold girl. This application was approved by Bishop 

Walz despite this admission by Spencer. 

SPENCER-Sidney L Spencer 1 BSAfile1.pdf 
http://documents.latimes.com/sidnev-l-spencer/ 

The following is verbatim from: 

http://www.idahobovscoutabuse.com/perpetrators/sidnev-spencer/ 

Perpetrator: Spencer, Sidney - Mormon 

Place: Rexburg 

Troop & Location: Attempted to register with the Grand Teton Council Troop 107 

Years in BSA: Put in the IV Files in 1989 

Description/Convictions: 

Convicted of Incest in 1984 with 16 yr. old per Adult Application for registration - Never 
allowed to join BSA was put in IV Files immediately 
http://www.idahobovscoutabuse.com/perpetrators/sidnev-spencer/ 

SPENCER-Sidney L Spencer 2.docx 

01/01/90 Costa Mesa, 

California 

LDS Todd Summers according to " Plaintiff John Doe states that pedophile Todd Summers 
molested him in the LDS Church and several other places from 1990 to 1999. The LDS 
Church settled with the plaintiff for $100,000.00 said his attorney Vince Finaldi. The suit 
was originally filed in 2008 and then amended in 2009. The plaintiff claims he was 
molested from the time he was 12 until he was 18 and older and was threatened by 

Summers pointing a gun in the boy's mouth. According to the suit, Church officials should 
have known that Summers behavior was inappropriate and the church failed to protect 


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children from this pedophile. Summers was a videographer for the church and a Elder of 
the LDS Church." 

SUMMERS-Todd Summer 1 though 3.pdf 

http://articles.dailvpilot.com/2010-03-26/local/dpt-summers032710 1 costa-mesa- 

churchmormonchurch-molestation 

httD://www.californiainiurvlawversbloa. com/child-sexual-abuse/ 

http://voice-of-deseret.bloaspot.com/2009/03/costa-mesa-man-fileslawsuit-in-oranae.html 

02/21/90 Utah 

LDS Leroy B. Hamblin, “a Webelos leader with six children of his own, pleads guilty to 
Lewdness with a child on 10-15-1986 but not placed on the BSA files until 2/21/1990. There 
are two letters in the file which are very informative. The first letter is dated February 21 , 

1990 from V. Harvey Mortensen, BSA Council Scout Executive to Hamblin with a carbon 
copy to both LDS Bishop Melvin D. Peel and LDS Stake President Gary L Telford which 
states the following: Dear Mr. Hamblin, We have received complaints that you are serving 
as a Webelos Leader in Pack 441, Kaysville 7th Ward, without having completed the 
registration form to serve in that capacity. It is further alleged that you have not filled out 
that request to register with the Boy Scouts of America because of your arrest record. You 
should understand that BSA membership registration is a privilege and is not automatically 

granted to everyone who applies After careful review of your record before the Second 

Circuit Court in Layton, Utah and the Second Circuit Court in Bountiful, Utah, we have 
decided that request to register with the Boy Scouts of America would be 
denied Sincerely, V. Harvey Mortensen, Council Scout Executive." 

To which a Dale D. Foun (His name is handwritten and very difficult to read) replied: "Mr. 

Harvey Mortensen, 1 am writing to you in response to your letter of condemnation sent to 

Mr. Leroy Hamblin. In your letter you suggest that it is a privilege to serve in a leadership 
position with the Boy Scouts of America. Certainly you cannot be so naive as not to realize 


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that the primary reason that most of the local leaders serve is due to religious obligation. 

Mr. Hamblin has made a sincere effort during the past few years to put his life in order and 
to mitigate the effects of his grievous sin. A part of Mr. Hamblin's religious obligation to 
which he is committed and to which he has reaffirmed his commitment is to provide service 
when requested by his Church leaders. Mr. Hamblin neither requested nor sought after his 
appointment to the position of Webelos den leader. He agreed to serve in this position 
when 1 requested him to do so a few weeds ago. In retrospect, 1 did not misjudge Mr. 

Hamblin but 1 did misjudge the response of on of the parents o the boys that Mr. Hamblin 
would serve. 1 take responsibility for this error in judgemnt. 1 also failed to foresee the 
ignorant, self serving and self righteous manner in which you and your organization would 
respond to this appointment. Mr. Hamblin is innocent of any offense in his response and his 
service that he has provided. Mr. Mortensen, you on the other hand have libeled and 
slandered Mr. Hamblin, and offended by your response all the recipients of your 
adulterterant letter. Your position of responsibility does not include the right or 
responsibility to promulgate false and evil rumors, or to offend innocent people. In keeping 
with the scouting virtues of kindness and courtesy, you simply could have pointed out to us 
that in keeping with BSA policy or because of BSA liability problems that you could not 
permit Mr. Hamblin to serve in a scouting function. Instead, you elevate yourself to the 
position of judge, jury and prosecutor-or should 1 say lynch mob- in falsely condemning Mr. 
Hamblin without giving him a chance to defend himself. Mr. Hamblin has never attempted 
to hide his legal record from you. He had only very recently been called to his scouting 
position, and his registration was being prepared in conjunction with our rechartering effort. 

In keeping with the high ideals of scouting to which you profess, Mr. Mortenson, you owe a 
complete and sincere apology to all recipients of your wicked letter. 1 sincerely hope that 
your integrity is sufficient to allow you to correct this gross injustice." Hamblin plead guilty 
for lewdness with a child and was sentenced to 1 year in jail and fined. HAMBLIN-Leroy B 
Hamblin-BSA Files.pdf 

http://documents.latimes.com/lerov-b-hamblin/ 

04/24/90 Utah 

LDS Lynn W. Harrison of Ogden, Utah was the Cub-master of LDS 29th Ward, Ogden, 


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Utah until he was refused registration and placed on the BSA Confidential Files for 
"Suspected Child Abuse" on April 24th, 1990. 

HARRISON-Lynn w Harrison-BSAfile.pdf 
http://documents.latimes.com/lvnn-w-harrison/ 

05/21/90 Colorado 

LDS Dan S. Overholt is married with children but was accused of abuse. He was not 
registered with the BSA in 1990 but he is "associated with Pack 242. And Jeff Morris, Scout 
Executive is quoted in a letter to Paul Ernst, National BSA, the Overholt "is not the type of 
leader that we need." In the files there is a "Confidential Report" on Dan S. Overholt written 
by Scout Executive Jeff Morris as follows: "About May 14, 1990 1 received a phone call 
from Joan Woody, District Chairman for Bent's fort District. She had received a report from 
Mimi Marmon a scouter in Las Animas that Dan S. Overholt, who was serving as den leader 
in Pack 242, had a record of child abuse. 1 talked with Mrs. Marmon and decided more 
information was needed. Mr. Overholt is not registered but is active in the unit. 1 contacted 
District Attorney, Gus Sandstrom to see if he could provide further information. After a 
computer check Gus indicated that he could not provide me all the details on Mr. Overholt 
but said the Boy Scouts 'should avoid him like a plague.' He also thanked me for Mr. 
Overholts address because he was wanted also for assault with a deadly weapon and 
manacing and not that they had an address they would arrest him." 

OVERHOLT-Dan S Overhold-BSAfiles.pdf 
http://documents.latimes.com/dan-s-overholt/ 

06/01/90 San Jose, 

California 

LDS High Priest Larry Gilbert was accused of molesting four girls. According to the Case 
Reports of the Mormon Alliance authors, photocopies of this information are in their 
possession. "In 1990, fifty-year-old Larry Gilbert of South San Jose, California, pled 
innocent to molesting four girls (the ages of three are given as eight, eleven, and twelve). A 
high priest group leader, he was accused of molesting the girls while he babysat overnight 
at their homes, One parent said, "1 never would have left him alone with my children if he 
weren’t a high priest We considered him our family." 


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GILBERT-Larry Gilber.pdf 

http://web.archive.ora/web/200708221 74244/http:/www.mormonalliance.ora/casereports/vol 

ume1/Dart1/vlDlc04.htm#OTHER CASES 

06/15/90 Washington 

LDS Richard Lloyd Dilley was included in the Case Reports of the Mormon Alliance 

Volume 1, 1995 Chapter 4, Criminal Investigations of Mormons Involved in Child Sexual 
Abuse page 101 and reads as follows:"Richard Lloyd Dilley, thirty-one, of Washington State, 
a Scout leader in a Mormon ward, pled guilty in 1990 to one count of third degree child rape 
and five counts of child molestation for "repeated" offenses over a two year period of the 
five foster children in his care. He had previously been dishonorably discharged from the 
Navy for abuse." 

DILLEY-Richard Lloyd Dilley 1 and 2.pdf 

http://web.archive.ora/web/200708221 74244/http:/www.mormonalliance.ora/casereports/vol 

ume1/Dart1/vlDlc04.htm#OTHER CASES 

http://communitv.seattletimes.nwsource.com/archive/?date=1 9901 21 5&slua= 11 09567 

December 15, 1990 - Scout Leader Gets 8 Years For Raping, Molesting Boys --Abuse Of 
Trust' Pushes Sentence Past Guidelines By Rod Judd 

06/20/90 California 

LDS Donald L. Wright was placed on the BSA Confidential Files for "inviting youth to 
participate in oral sex and masturbating in front of the youth." He tried to re-register a year 
later. This file is heavily redacted! 

WRIGHT-Donald L Wright-BSA File.pdf 
http://documents.latimes.com/donald-l-wright/ 

07/03/90 Washington 

LDS Edgar A.Tisdale was placed on the BSA Confidential files and denied registration due 
to a "statement from a parent indicating child molestation of her son by Ed Tisdale." Again, 


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this file is heavily redacted but there is a letter to Paul Ernst, BSA National Council, from 
Norman J. Stone, Scout Executive as follows: "Dear Paul, Here is the information 
regarding EDGAR TISDALE and the alleged child molestation at our Camp Hahobas in 

1989. " Included in the files is a narrative about how the child regressed to age 4 and was 
hospitalized for three weeks. 

TISDALE-Edgar A Tisdale-BSA File.pdf 
http://documents.latimes.com/edaar-a-tisdale/ 

07/26/90 Washington 

LDS Michael L. Hicks was placed on the BSA Confidential Files due to being "Arrested for 
child abuse." A news-clipping in the files reads, "A Yakima man has again received a 
suspended prison sentence after being convicted a third time for sexually abusing 

children Hicks was found guilty of molesting two foster children" but "An earlier incident 

of committing indecent liberties in 1987 did not come to light until recently." 

HICKS-Michael LHicks-BSAFile.pdf 
http://documents.latimes.com/michael-l-hicks/ 

08/17/90 Washington 

LDS Michael James Fischer was" arrested on 3 counts of child abuse. Fischer has pled 
guilty and is currently incarcerated at the Twin Rivers correctional center." He was placed 
on the BSA Confidential files. A letter in the files to Paul Ernst, BSA National from Norman 

J. Stone, Scout Executive states "Church leadership was reluctant to release the victims 
name." A news clipping in the file reads, " A Spanaway church youth leader is to go on trial 
in October on charges that he repeatedly molested a 14-year-old family friend, sometimes 
while driving the boy to church events. "....Fischer, "was charged with three counts of 
molestation." ...."Fischer was young men's president... and is married with three children." 

FISCHER-Michael James Fischer-BSAFile.pdf 
http://documents.latimes.com/michael-iames-fischer/ 

08/27/90 Utah 

LDS Hugh Nibley, according to the article by Edward Wyatt in the New York Times entitled 


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"A Mormon Daughter's Book Stirs a Storm, Hugh Nibley's daughter accused him of sexually 
molesting her. The following is verbatim from that article: 

"Dr. Martha Beck wrote a heart wrenching expose about her life as a daughter of Mormon's 
prominent religious scholars and apologist, Dr. Hugh Nibley. According to the New York 
Times article Dr. Beck, "has accused her father of sexually abusing her as a child in a 
forthcoming memoir that is shining an unwelcome spotlight on the practices and beliefs of 
the much-scrutinized but protectively private Mormon religious community.” 

"Leaving the Saints: How I Lost the Mormons and Found My Faith" details how the author, 
Dr. Martha Beck, a sociologist and therapist, recovered memories in 1990 of her ritual 
sexual abuse more than 20 years earlier by her father, Dr. Hugh Nibley, professor emeritus 
of ancient scripture at Brigham Young University and arguably the leading living authority on 
Mormon teaching.” 

“The Mormon Church issued a statement condemning the book, calling it "seriously flawed 
in the way it depicts the church, its members and teachings." Dr. Beck and her publisher 
have said she has received e-mail messages containing death threats. 

In addition, Mormons around the country have participated in an e-mail campaign against 
the book, sending more than 3,500 messages to Oprah Winfrey, who has featured "Leaving 
the Saints" on her Internet site and in the March issue of O, the Oprah Magazine. The 
magazine includes a monthly self-help column by Dr. Beck, who has a doctorate from 
Harvard.” 

“In 2003, Jon Krakauer wrote about a group of renegade Mormon fundamentalists in "Under 
the Banner of Heaven: A Story of Violent Faith." As with the Beck book, the Mormon Church 
issued a statement condemning it before it was published.” 

“Her childhood was marked, she said, by unexplained depression, anorexia and despair 
that at times left her suicidal. She writes, several doctors commented on unusual scar 
tissue in her vaginal area, which she cites as physical evidence of the abuse. Later, she 


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said, doctors confirmed to her that the vaginal scarring was not the result of childbirth. 

It was not until she was in her late 20's, however, while teaching at Brigham Young, that Dr. 
Beck experienced a flashback that resulted in the memories of what she describes as 
ritualistic rape by her father. During the incident, which she believes took place in her home 
while her older siblings were at school, her father recited incantations about Abraham and 
Isaac.” 

NIBLEY-Hugh Nibley.pdf 

http://www.nvtimes.com/2005/02/24/books/a-mormon-dauahters-book-stirs-astorm.html 

11/01/90 Provo, Utah 

LDS Keith Brown, " pleaded guilty to sodomy on a child, a first-degree felony, and two 
counts of sex abuse of a child, a second-degree felony. The charges against him were 
only filed last week.. 

Shapiro said his client first went to his LDS bishop to confess the abuse. But prosecutor 

David Sturgill said it was the daughters who first reported the abuse to police. 

In a statement released late Thursday, a spokesman for the 5 Brown said the daughters 
initiated the case against their father. "The women were motivated to approach law 
enforcement out of concern for the welfare and protection of other young women and girls," 
Kimball Thomson said. 

He said the daughters are "at peace" with the agreement and "relieved and grateful to close 
this chapter in their lives." 

The sodomy charge stemmed from oral sex incidents that occurred between November 

1990 and October 1992, according to prosecutors. Since the crimes occurred in the early 
'90s, Brown can only be sentenced to a maximum of 10 years to life in prison because of 
the law 20 years ago. If this incident had occurred today, Brown would be facing 25 years to 
life in prison, Sturgill said." 


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BROWN-Keith Brown 1.pdf 
http://www.ksl.com/?sid=14411718&nid=148 

http://www.dailvmail.co.uk/news/article-2034324/Actual-abuse-5-Brownsdauahters-father- 

Keith-Brown-went-far-charaes.html 

12/05/90 Utah 

LDS Keith G. Williams in the LDS Clinton 2nd Ward in Clearfield Utah was denied BSA 
registration for "suspected Sexual Child Abuse." A letter from the victim's parents states 
that his son, "was sexually molested by his scout leader Keith G. Wiliams starting at age 
eleven for a period of three years. This report has been made to the police with a 
subsequent confession received from Mr.. Williams just last week. (dated Dec 5, 1990). In a 
letter written by the perpetrator detailing his repentance process he states, "1 disclosed the 
details of my actions to my Bishop, and then to my stake President just prior to our Temple 
marriage. We worked through the Spiritual repentance process , before our wedding." 

Williams-Keith Williams-BSA File. Pdf 
http://documents.latimes.com/keith-a-williams/ 

01/01/91 Logan, Utah 

LDS Jay Toombs " of Benson, Utah. Toombs faces three counts of aggravated sexual 
abuse of a child for fondling a 1 0-year-old boy in 1 993 and 1 994. This case did not go to 
trial because the Statute of Limitations had expired. The mother, who is not being identified 
in order to protect her son's identity, says she spoke of Toombs' misbehavior with boys from 
1991 through 1999 with Cooper, two LDS bishops and Toombs' family, including his brother, 
an LDS stake president. 

"1 was always told to be patient with Jay, he was a good man. That's what 1 was told again 
and again and again. 1 was even given priesthood blessings that 1 had been chosen to help 
him," she says. 

The bishops were inclined each time to tell police, the woman says, but later told her they 
had checked with church officials and learned they did not have to report Toombs as long as 
he was repentant and getting professional help." 


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TOOMBS-Jay Toombs 3.pdf 

http://www.utlm. ora/newsletters/no97.htm#The%20Toombs%20Case 

http://www.deseretnews.com/article/print/751312/3-bishops-cant-be-charaed.html 

01/10/91 Washington 

LDS James R. Matlock, serving as Assistant Scoutmaster "has pleaded guilty to raping his 
16 year old step daughter" He was placed on the BSA Confidential file. 

MATLOCK- James Matlock-BSA File.pdf 
http://documents.latimes.com/iames-r-matlock/ 

02/24/91 Rhode Island 

LDS George S. Davis reportedly molested a child a church. ""On February 24, 1991, six- 
year-old Marisa 1 went with her parents and siblings to the Church of Jesus Christ of 

Latter Day Saints on Miantonomi Avenue in Middletown, Rhode Island, to attend Sunday 
services. After the services concluded, Marisa, and her brother and sister went upstairs to 
the church gymnasium. As they entered the gymnasium, 

Marisa and her siblings noticed defendant, George S. Davis (Davis or defendant), whom 
they had never seen before this encounter, giving the other children in the gym piggyback 
rides, walking on his hands, and performing tricks for his audience. Davis was the only adult 
in the gymnasium. It was after the other children had been given piggyback rides that 

Marisa was given her turn by defendant. During Marisa's piggyback ride, Davis placed his 
hand beneath her snug fitting underwear and moved his hands and fingers around her 
buttocks. When Davis did this to her, Marisa told him to stop because her mother had taught 
her that nobody should be touching her “private part.” The defendant did stop when she told 
him to. Upon returning home from church, Marisa made the following diary entry: “Feb 24, 
1991 [Tjoday is Sunday. We went to chirch. [A] giye lift me up and he poot his hands is my 
panees [sic j.” Marisa had been keeping a diary for some time and was in the habit of 
writing daily entries. It was at a later point that very afternoon when Marisa showed her 
mother the diary entry she had made concerning her encounter with Davis. Upon reading 
her daughter's diary entry, Mrs. Brun 2 was “in shock” and informed the Bishop of her 

Church of what had happened. According to Mrs. Brun's testimony, on the following Sunday 


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defendant appeared “before the congregation and he said that he came from a d 
[y]sfunctional family and that he had a problem, and he had talked to the Bishop about it, 
and the Bishop was going to help him receive counseling.” On March 5, 1991, Mrs. Brun 
contacted the police, and on March 17, 1991, Davis was arrested without incident by 
Lieutenant Terry Hazel (Hazel) of the Middletown police department." 

DAVIS-George S Davis STATE v George S Davis 
https://www.courtlistener.com/opinion/1436704/state-v-davis/ 

03/23/91 Texas 

LDS Prescott Louis De Jean III has five children of his own and was removed from 
scouting for "Pedophila-life long." A letter to Paul Ernst, National BSAfrom Jerry W. 
Stevens, scout executive states "Mr. DeJean has moved from this area some time ago. My 
contact with the LDS Church said he would notify his Bishop, who he knew must to 
informed. He said he felt that Mr. DeJean had been excommunicated, but they wanted to 
ascertain that nothing had occurred with the Troop members. 1 suggested this might be 
time to show 'A Time to Tell' once again. It is always good to see the system work. 

Sincerely, Jerry" 

DE JEAN-Prescott Louis De Jean-BSA File.pdf 
http://documents.latimes.com/prescott-louis-dejean/ 

04/01/91 California 

LDS Dennis Walter Schult "excommunicated Latter Day Saint" had a 10 prior history of 
child Sexual Abuse but remained as Webelos Scout Leader. President Garrick 
commented "someone must have relaxed". He was placed on the BSA confidential files 
and was convicted for child molestation. In the files there a Confidential Report for Gene 
Richey-subject Dennis Walter Schult in which an excerpt reads. "Later that afternoon, 1 
spoke with President Garrick of the Chatsworth Stake. He requested that our conversation 
be kept highly confidential. 1 assured him it would be handled in this manner. The following 
information, he related to me, was to the best of his knowledge. About 10 years ago there 
was an incident involving Dennis Schult. The L.D.S. Church Ward Leadership (Chatsworth 
2nd Ward Unit Numbers 535) at the time, decided to remove Dennis from all leadership 


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positions in the church and in the church sponsored Troop. The positions Mr. Schult may 
have held at the time were Young Men's President and Scoutmaster. He was uncertain as 
to the exact positions Schult held. Around 1987 another problem occurred with Schult and 
he was completely excommunicated from the L.D.S. Church. To President Garrick's 
knowledge, Schult had not been a leader in Scouting after the incident 10 years ago. He 
also thought the incidents for which the charges were brought occurred within the last 
several years. He also felt that Schult should never be allowed to register in the Boy Souts 

again Then 1 checked the registration records for Pack, Troop, Team and Post 535-" 

He was registeres 1977-1980 then "1 was then surprised to find him again on the 1984 and 
1985 Pach Charter registered as a Weblos Leader." "1 called President Garrick back and 
shared with him the fact that Schult had been registered as a Webelos Leader in 1984 and 
1985. His comment was that someone clearly, relaxed. He still thought the charges against 
Schult were for incidents that occurred from 1988-1990 after he was out of scouting. 

However he felt the boys involved, Schult probably first met through contact in the L.D.S. 
Church Scouting Program." 

SCHULT-Dennis Walter Schult-BSA File.pdf 
http://documents.latimes.com/dennis-walter-schult/ 

04/11/91 California 

LDS Kenneth (AKA Kim) Morgan Harper was placed on the BSA confidential file in 1991 
for a history of sexual perversion. From 1971 . "Kent Gibbs, Sout Executive, received a call 
from (REDACTED) Department of Corrections, stating Harper was released from jail on 
4/1/1994 and was expected to try and join Scouting." 

HARPER-Kenneth AKA Kim Morgan harper-BSA File.pdf 
http://documents.latimes.com/kim-moraan-harper/ 

04/23/91 Chicago, Illinois 

LDS Christopher W. Kite sexually abused 4 year old in the LDS church facility at least 1 0 
times. A lawsuit was filed against the LDS Church on February 24, 2009. Kite was the 
victims adopted father. "Verbatim from: 

Sexual Abuse Lawsuit Filed by Edmund J. Scanlan Against Mormon Priest & Church of 


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Latter-Day Saints 

“CHICAGO, Feb. 24 /PRNewswire/ - A lawsuit was filed on February 24, 2009, in the 

Circuit Court of Cook County by attorney Edmund J. Scanlan on behalf of his client, 
Markeisha Kite. The lawsuit alleges that Christopher W. Kite, her adopted father, sexually 
abused Markeisha beginning in 1991 when she was four years old. The abuse continued 
through 2001 when DCFS removed the girl from the home due to her complaints of sexual 
abuse.” 

“The suit also alleges that David Bromley, brother-in-law of Christopher W. Kite, sexually 
abused Markeisha in Kite's home from 1991 through 1996. In 2002 Markeisha obtained an 
order of protection against defendants Bromley and Kite.” 

“The Mormon Church is named as defendant in the suit because Kite sexually abused the 
minor Markeisha on at least ten occasions in the church facility at 2727 West Lake Street in 
Wilmette, Illinois, and as an ordained priest of the church, Kite was under direct supervision 
and control of the church.” 

KITE-Christopher W Kite.pdf 

httD://www.reuters.com/article/2009/02/24/idUS230161+24-Feb-2009+PRN20090224 

06/10/91 Nevada 

LDS Paul M. Jellum was placed on the BSA Confidential Files in 1991 four years after 
being" accused of sexual abuse of a teen aged boy in Logan, Utah" Although there is a 
letter dated Nov 3, 1987 detailing the abuse. When Jellum tried to re-register in another 

LDS Troop a mother of a previous victim called the BSA "concerning rumors that paul 

Jellum had been reinstated in Scouting. She expressed concern that because no 
conviction was made that the accused can go on abusing children. She asked if they (the 
mothers of abused sons) could intervene in the appeal process. 1 gave her the name of the 
Refional office and Buford Hill's name-she said she would write." The 1987 allegations 
were confirmed by the police according to a detailed Nov 3, 1987 letter in the files. The boy 
was 14 years-old and the incident happened at camp. According to the Nov 3 1987 detailed 
letter on 11/12/87 "Paul Jellum called me (scout executive) to inquire about the times the 


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police department contacted our office. He again stated that he understood our position but 
that he was notarizing the letter and sending it to his attorney in Salt Lake (MCCONKIE) 
because of the charges being brought by the mother of the boy." This file was also heavily 
REDACTED . 

JELLUM-Paul M Jellum-BSAFile.pdf 
http://documents.latimes.com/paul-m-jellum/ 

09/09/91 Idaho 

LDS Jeff Hardin pleads guilty to sexually abusing a child at Camp Lemhi Boy Scout camp. 

From Pedophiles At Scout Camp by Peter Zuckerman: 

“August to April, 1987: 

Jeff Hardin attends Ricks College in Rexburg (BYU-ldaho registrar). He was pursuing 
a degree in counseling. (Chubbuck Police report) 

1990: 

Hardin, another waterfront instructor at Camp Little Lemhi, befriends a Scout he later 
molests. (Chubbuck Police report) 

Sept. 9, 1991 : 

Between 4:30 a.m. and 6 a.m. Hardin molests a child he met at camp at the child's 
home. 

Oct. 24, 1991: 

Hardin is charged with lewd conduct with a child under 16, which he later pleads 
guilty to committing. Hardin is released from jail on his own recognizance. 

Dec. 15, 1991: 

Hardin is sentenced. He is put on felony probation as a sex offender. (Criminal case) 
Jan. 3, 1996: 

Hardin is placed on unsupervised probation. (Criminal case) 

July 21, 1997: 

Hardin's probation ends and the felony molestation conviction is reduced to a 
misdemeanor. (Criminal case) 


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May 23, 2005: 

Hardin molestation case unsealed. 

Sources: Unless otherwise noted, the events described in this graphic were 
described by sworn testimony, exhibits and records in Bonneville County civil case 
CV-99-3416, Bonneville County civil case CV-03-1877, Bonneville County Criminal 
case CR-97-2659, Bannock County civil case CV-05-812OC, Bannock County 
criminal case C-5548-B and Utah County, Utah criminal case 911400153; Post 
Register archives; and record-keepers from the Idaho Department of Correction and 
the Utah Department of Corrections. When records contradicted one another, 
information from the criminal case was used and the source is noted.” 

HARDIN-Jeff Hardin.pdf (copy in my possession). 

PEDOPHILES AT SCOUT CAMP By PETER ZUCKERMAN 

https://www.attornevaeneral.ius.aov.on.ca/inquiries/cornwall/en/hearinas/exhibits/Marv Lvn 



n Youna/Ddf/02 Media Reoort rev.pdf 




09/13/91 

Georgia 

LDS Kenneth R. Good was placed on the BSA Confidential file for Child Molestation and 
sentenced for eight years in prison. 

GOOD-Kenneth Good-BSAFile.pdf 
http://documents.latimes.com/kenneth-r-aood/ 

01/01/92 

Utah 

LDS Jason Strong rapes a 7 year old girl. "Franco v. The Church of Jesus Christ of Latter- 
day Saints: The constitutionality of clergy malpractice claims. Journal of Family Law 

Studies, 4:1 75ff. [Retrieved 10/10/04 from LexisNexis Academic database.] 

By a junior staff member of the journal. Part 1 provides the background of a legal case that 
was tried in Utah’s civil court system. In 1986, Lynette Earl Franco, 7-years-old, was a 
member of The Church of Jesus Christ of Latter-day Saints when she was sexually abused 
by Jason Strong, 14-years-old, who was also a Church member and attended her ward. In 


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1992, Franco reported the incident to her mother and a school counselor. Franco and her 
parents also reported the incident to their Church bishop, Dennis Casady, and stake 
president, David Christensen. “Casady assured Franco and her parents that ‘he would act 
according to church protocol and resolve the situation.’” Casady and Christensen advised 
them to ““forgive, forget, and seek Atonement’ and urged her not to go to the police.” 

Franco later asked Casady and Christensen to refer her to a licensed mental health 
professional, but they sent her to a non-licensed counselor who ‘“echoed the same words’ 
as those counseled by Casady and Christensen.” Franco “decided the advice to ‘forgive’ 
and not inform the police was unsatisfactory and sought advice from a licensed counselor.” 
After hearing Franco’s story, the counselor, also a Church member, made a report to the 
police. The statute of limitations had elapsed, and the police were unable to pursue an 
investigation. Casady chastised the counselor for making the report. 

In 1998, Franco filed a civil complaint against Casady, Christensen, and the Church that 
alleged claims of “(1) clerical malpractice; (2) gross negligence; (3) negligent infliction of 
emotional distress; (4) breach of fiduciary duty; (5) intentional infliction of emotional distress; 
and (6) fraud.” In 1998, a Utah trial court dismissed the tort claims against the defendants. 
Franco appealed, “arguing that the trial court erred in finding her tort claims barred by the 
First Amendment.” The state’s Supreme Court in 2001 upheld the defendants’ claims of 
protection under the U.S. Constitution. Part 2 presents the Court’s analysis of the First 
Amendment and its application in this case. Part 3 briefly offers varying reactions by 
religious leaders and lawyers to the decision, including its potential affect on Utah’s 
mandatory reporting statute that requires “clerics to report child sexual abuse unless only 
revealed by the perpetrator.” The very brief conclusion notes the unresolved questions: 

“This ruling... is only a small chapter in the ongoing battle to determine where the courts will 
draw the line between church and state.” 58 footnotes. 

Beginning in July 1986, seven-year-old Lynette Earl Franco was sexually abused by 
fourteen-year-old Jason Strong (“Strong”). At the time the abuse occurred, both Franco 


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and Strong were members of the same local ward of the LDS Church. The sexual abuse 
perpetrated against Franco was so extreme that she repressed the memory of the abuse 
until 1992, when she was fourteen years old. Upon recalling these incidents, Franco and 
her parents sought ecclesiastical counseling from the bishop of their local LDS Church 
ward, Dennis Casaday (“Casaday”), and from their LDS Church stake president, David 
Christensen (“Christensen”). During these ecclesiastical counseling sessions, Casaday 
and Christensen advised Franco to “forgive, forget, and seek Atonement.” Moreover, at 
some point in the process of the ecclesiastical counseling, Franco determined that she 
needed additional help and therefore asked Casaday and Christensen to refer her to a 
licensed mental health professional. In accordance with this request, Casaday and 
Christensen referred Franco and her parents to Dr. Paul Browning (“Browning”), allegedly 
stating that Browning was “well qualified to help them.” Browning was employed by the 
Bountiful Mental Health Center, where he worked under Craig Berthold (“Berthold”), a 
licensed clinical social worker. On his business card, Browning held himself out as 
practicing “Individual, Marital, and Family Counseling,” under the heading of “General 
Psychiatry.” However, Browning was not a licensed mental health professional in the state 
of Utah. Upon receiving the referral from Casaday and Christensen, Browning counseled 
with Franco and her parents at the Bountiful Mental Health Center, advising Franco to 
forgive Strong and forget the incidents of sexual abuse rather than to inform the police. 
Finding Browning's advice unsatisfactory, Franco and her parents sought advice from 
another secular counselor, who then reported the incidents of sexual abuse to the police. 
After the incidents of sexual abuse were reported to the police, Franco alleged that she was 
“ostracized and denigrated” by the members of her local LDS Church ward, with the 
acquiescence of Casaday and Christensen, and therefore withdrew from the LDS Church." 

STRONG-Jason Strong 3.pdf 

http://caselaw.findlaw.eom/ut-supreme-court/1 27001 5.html 

http://www.culteducation.com/aroup/1057-the-mormon-church/13997-crisis-ofidentity.html 

http://caselaw.findlaw.eom/ut-supremecourt/1270015.html#sthash.d2vBTYLw.dpuf 


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08/01/92 Los Angeles, 

California 

LDS Christian Bearnson was allegedly not reported by LDS church Bishop Bradley Cutler 
and the church was found liable to acting with "conscious disregard." "The Mormon Church 
has been found liable for the molestation of a 1 3-year-old girl by a church elder. 

A Pomona Superior Court jury Wednesday said leaders in the Azusa third ward of the 
church acted with "conscious disregard" for the girl's rights and safety. LDS Church Bishop 
Cutler did not report LDS pedophile Christian Bearnson.” 

“1 thank God for this," said the girl's mother, Patsy Mille "Now it won't happen to other kids," 
said her daughter, now 15. The girl was molested in a van during a church-sponsored 
camping trip in August, 1992. Christian Bearnson, a 29-year-old church elder, pleaded guilty 
to lewd conduct. 

The girl's family filed a civil suit accusing Bearnson of committing the molestation with 
malice and the Church of Jesus Christ of Latter-day Saints of negligence. 

The girl's attorney said church leaders knew Bearnson had allegedly molested two other 
girls in 1990." 

BEARNSON-Christian Bearnson.pdf 

http://artides.latimes.eom/1 993-11 -1 2/local/me-56056 1 mormonchurch 

POMONA : Mormon Church Found Liable in Molestation Metropolitan Digest / LOS 
ANGELES COUNTY NEWS IN BRIEF November 12, 1993 

09/01/92 Seattle, 

Washington 

LDS Keith Knutson, a former LDS Sunday-school teacher has been charged with first- 
degree child molestation stemming from the alleged abuse of a 6 year old in 1992 who was 
his student. Victims claim that Bishop Stolker did not report. 

"Teacher Charged In Abuse, Seattle Times Staff: Seattle Times News Services Dec.24, 
1994 

“A former Sunday-school teacher has been charged with first-degree child molestation 


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stemming from the alleged abuse of a student in 1992. 

“Keith Knutson, 26, allegedly told a counselor that in 1992 he molested the girl, who is now 

8 years old, according to charging papers filed yesterday in Snohomish County Superior 
Court.” 

“The girl told her parents about the alleged abuse in September 1992. The victim's parents 
then made a report to Mormon Church officials. According to charging papers, the parents 
apparently expected the church to report the alleged crime to police. The family 
subsequently moved to King County. Don Stoliker, the bishop for the Alderwood First Ward 
of the Mormon Church, said the crime was reported to him in 1992 by the child's parents. 
Stoliker did not notify police, however, because he had received the information 
secondhand.” 

“The child told a public-school counselor about the abuse. After consulting church 
authorities, Stoliker said he advised the parents to press charges and to report the alleged 
incident through the public-school counselor. It was a miscommunication that was 
complicated both by the family's move to another area and Knutson's move to another 
church ward, he said.” 

Knutson, a Lynnwood resident, was immediately removed as a Sunday-school teacher." 

KNUTSON-Keith Knutson.pdf 

http://communitv.seattletimes.nwsource.com/archive/?date=1 994 1224&slua= 1948961 


12/31/92 Arizona 

LDS Arthur Phillips sexually molested a 14 year old girl. He was sentenced in jail for one 
year and placed on probation for four years. 

http://mormon-alliance.ora/casereports/volume1/part1/v1p1c04.htm 

“ARTHUR FRANK PHILLIPS, MESA, ARIZONA, 1992-93 

A few days after Christmas 1992, fourteen-year-old Stacy of Mesa, Arizona, received a 


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telephone call from her Sunday School teacher, forty-three-year-old Arthur Frank Phillips, 

He "often told her she could be a model." He persuaded her to meet him at a bakery, then 
drove her to Kleinman Park where he "‘explained that he helped a lot of girls out in the past 
with modeling."’ Part of this "help" would involve taking nude photos of her. He assured her 
that he was married and did not want sex but he removed her shirt and bra and fondled her 
breasts. 

Phillips told Stacy not to tell anyone of the incident because "the Mormon Church frowns 
upon modeling and might construe what happened as sexual abuse." 

“She became depressed, even "suicidal," and told her boyfriend about the experience. In 
February Stacy’s father brought her to a Mesa police station to talk with detectives. (The 
newspaper account does not say who told him.) After he was arrested on 17 March, a 
camera was found in his car. He was indicted on a charge of sexual abuse, a Class 5 
felony, and two counts of solicitation to commit commercial sexual exploitation of a minor. 
Neither story mentions whether the Church has taken any disciplinary action against him." 

PHILLIPS Arthur Frank.pdf 

http://mormon-alliance.ora/casereports/volume1 /parti /vl pi c04.htm#ARTHUR 


05/01/93 Australia 

LDS Stephen Kay, sexually assaults boy in 1993; and at church sponsored boy scout 
function. Stephen pleads guilty to 5 child sex charges. "KAY, Stephen, 56 (Queensland, 
Australia, 1996). Brisbane Mormon school teacher, scoutmaster and Church of Jesus Christ 
of Latter Day Saints member. Receives 15 month jail sentence in Brisbane District Court 
after pleading guilty to 5 child sex charges, including 3 counts of indecent treatment and 2 
of indecent dealing, against 3 school students, aged under 12, in 1993 while teacher at 
south-side Brisbane school. Court hears Kay assaulted boys on school premises. Also 
receives additional 6 month sentence in 1996 for indecent assault of boy, less than 16 years 
old, in 1993 at boy scout camp, QLD. Arizona Republic, 7/8/94." 


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KAY-Stephen Kay 1.pdf 

http://www.icvte.eom/svstem/snapshots/fs1/2/5/0/b/250b629dce9997c33d687019220db1a7 

d91 bb3c7/index.Html 

http://reformation.com/CSA/variousabuse.html 

05/01/93 Mesa, Arizona 

LDS Richard Peterson, Although attending counseling with his bishop, Steven Smith, he 
sexually abused a five year old.Verbatim from Lisa Davis' "Sins of the Temple" Phoenix New 
Times 

“Richard Peterson of Mesa, Arizona, was preparing to serve a mission when he was 
arrested for fondling a five-year-old. According to a court-ordered psychological evaluation, 
Peterson had spent the previous year counseling with his bishop, Steven Smith, over his 
sexuality, about which he felt extremely guilty but about which he was simultaneously 
obsessed. He watched an erotic movie, then, "frustrated and curious, chastised by his 
bishop and church because of [anl indiscretion with his girlfriend, forbidden to masturbate, 
he unfortunately turned to an innocent five-year-old girl." The girl’s family received such "a 
barrage of abuse" that they have moved twice and still use an unlisted telephone number." 

PETERSON-Richard Peterson.pdf 

Lisa Davis “Sins of the Temple” December 22- 28 1994 

Phoenix New Times 
http://www.childpro.ora/ 

https://drive.aooale.eom/file/d/OB E9N KN9xzxbWNadnVldDE1 LUE/edit 

09/06/93 Washington 

LDS David Herget sexually molested at least 7 boys starting in 2001 event though he was 
convicted and served time for sexually abusing a girl in 1993. And even though his 
membership records were annotated. In 2001 Herget met the children he would molest 
through the LDS Church court papers confirm. One boy stated he was molested over 1400 
times. 

The following excerpts are from The Herald - Everett, Wash. July 31 , 2005 By Scott North: 


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"Herget, 62, of Mountlake Terrace carefully groomed the boys, plying them with 
pornography and cash, police discovered. He made sure they wouldn't tell by threatening to 
kill himself should the secret ever be revealed." 

"Court papers and interviews confirm that it was through the Mormon church in Mountlake 
Terrace that he met the boys he molested." "The boy's mother said her heart went out to 
the girl Herget molested. The child first disclosed the molestation to her. The woman said 
she'd also been abused when she was young. Together, they went to a church leader 
Herget admitted the abuse, and police were summoned. 

His written confession describes the victim as "young, beguiling and lovely," and his offense 
as a "dastardly deed." Even so, Herget dawdled in negotiating a guilty plea in the 1993 
case, Snohomish County deputy prosecutor Paul Stern said. Herget was angry that 
authorities had barred him from contact with his own children, who then still lived at home.'' 

"The court received dozens of letters from church members urging leniency. One was 
written by a Seattle police detective who belonged to the congregation. Another came from 
the parents of the boy who would later unmask Herget." "Excommunicated by a Mormon 
church tribunal after his conviction, Herget completed the process of penitence, counseling 
and introspection that allowed him to rejoin the church.” 

“Officials with Herget's church declined to discuss his case. Instead, they provided papers 
describing in general how the church tracks members who have been convicted of sexual 
abuse and bars them from work with children. Herget got around that barrier after 2001 by 
privately offering assistance as an unofficial volunteer, or by simply being close to the 
families of his victims. He offered help on scouting projects and provided rides to sporting 
events, police discovered.” 

“Mountlake Terrace Police Chief Scott Smith said detectives identified at least seven boys 


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Herget abused over the years. One boy estimated that at least 1 ,400 acts of abuse 
occurred, starting in summer 2001.” 

“Herget's arrest came after three of the boys spoke with police. All related similar stories of 
how Herget began trying to molest them when they were young and overcame their 
reluctance over time, usually with pornography and money.” 

HERGET-David Herget.pdf 

http://www.heraldnet.com/article/20050731/NEWS01/507310724 

“How a predator fooled everyone’The Herald - July 31, 2005 By Scott North 

10/17/93 Canada 

LDS James Victor, an LDS missionary sexually abused a 12 year old boy while on his 
mission. “Stake President David Sorenson did not report this pedophile after being told of 
this abuse according to witnesses. Victor also told Frank that he had sexually molested his 
cousin before starting his mission, and another Elder/missionary told Frank that Victor had 
come on to him. Much to his credit, 12-year old Frank told a church member in the local 
ward - Judy - about what Elder Victor did. She insisted that the mission president be 
informed, which Frank did with Judy's help and support. The mission president's tone 
implied incredulity, according to what Frank described to me. "Had Frank spoken to any 
church member other than Judy about what happened?", asked the mission president. 

"No", Frank replied. "Good.", the mission president responded. "Make sure that you don't." 
Shortly after Frank informed the mission president about what Elder Victor had done, the 
missionary was transferred out of the community where Frank lived. However, the mission 
president allowed Victor to finish his mission. 

He never contacted the police about the assault and sexual crimes allegedly committed by 
Victor. Learning that James Victor was still in the mission field, Frank told his bishop about 
what happened and what he'd told the mission president. He was instructed to forgive Victor 
and forget the entire matter.” 


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VICTOR-James Victor.pdf Copy in my possession. 

01/01/94 Arizona 

LDS Bishop Arlo Atkin's accused of raping a 14 year old. "This case was filed in in 
Maricopa County.. The plaintiff, Ellen LNU (last name unknown) had been molested twice 
by the time she was fourteen. Her parents turned to Bishops Arlo Atkin took Ellen into his 
home. Soon after, Atkin sexually abused the child also. Ellen attempted suicide. 

When Church members became suspicious Ellen moved back home with her family. A few 
months later, Ellen was pregnant with Atkin's child; she claimed she had been raped by 
another person. But her mother found sexually explicit love letters from Atkin to the girl. 

Atkin pleaded guilty, served 132 days in jail and was ex-communicated. Ellen gave birth to 
the child and put the baby up for adoption. Atkins violated probation by having contact with 
Ellen. The current status of this case is unknown." Mormon Court Case Overviews. 

ATKINS-Arlo Atkins. docx 
http://www.oocities.ora/wsimister/ldscourt.htm 

http://childpro.ora/ldscases.html 

01/15/94 Vernon, Utah 

LDS Unnamed Vernon Utah child molester, abused his minor child. "A recent Transcript 
article described the conviction of a 67-year-old Vernon man for the molestation of his minor 
daughter 1 8 years ago (“Father gets six months in jail for seven years of incest,” April 1 9). 
The focus of the article appeared to be whether the sentence imposed by the court was too 
lenient. However, the sub-headline to the story was that the “LDS bishop was informed of 
abuse 18 years ago but failed to report crime.” 

“When the offender confessed to his bishop in 1994, the bishop took appropriate church 
disciplinary action but because of the priest-penitent privilege, he did not report the abuse 
to the police!" V 

ERNON UTAH PREDATOR UNNAMED-vernon incest case.pdf 
http://tooeleonline.com/view/full storv/18293903/article-Father-aets-six-months-in-jail- 

forseven-vears-of-incest 


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03/04/94 Utah 


In Michelle SCOTT, Plaintiff, v. Steven LeRoy HAMMOCK, Defendant. The Church of 
Jesus Christ of Latter-day Saints, Intervenor. No. 910112, a question was brought before 
the Supreme Court of Utah. 

“March 4, 1994. 

Adopted daughter brought action alleging that adopted father had engaged in various forms 
of abuse during her childhood. Daughter served deposition subpoena on office of church 
bishop requesting production of documents disclosing or relating to excommunication of 
father and any communications containing references to father's abuse of adopted children. 
The District Court, United States Magistrate Judge Ronald N. Boyce, 133 F.R.D. 610, found 
that communications between father and bishop were privileged under Utah's statutory 
clergy penitent privilege. Daughter objected and the District Court, David A. Sam , J., 
certified question to Utah Supreme Court. The Supreme Court, Stewart , Associate C.J., 
held that: 

(1) non-penitential communications between lay person and cleric are privileged under Utah 
law if they are intended to be confidential and are made for purpose of seeking spiritual 
counseling from cleric acting in her professional role and pursuant to discipline of her 
church, and 

(2) term “confession” in clergy-penitent privilege need not be construed to apply only to 
penitential communications because broad construction of that term is necessary to take 
into account the essential religious role clergy play in dealing with parishioners' 
wrongdoings. We do not reach the issue of whether the documents 

relating to Hammock's excommunication proceeding are privileged, as it was neither briefed 
nor argued.” 

ZIMMERMAN, C.J., and HOWE and DURHAM , JJ„ 
concur. HALL, J., sat on this case but retired before he could act. 

All Citations 
870 P.2d 947 

© 2017 Thomson Reuters. No claim to original U.S. Government Works. 1 


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870 P.2d 947 

SCOTT v Hammock 870 P.2d 947 (1994).pdf 
https://www.courtlistener.com/opinion/1349803/scott-v-hammock/ 

07/01/94 Texas 

LDS Jimmy Earl Brooks, “used his position as an LDS Sunday School teacher to find his 
victims. He was a known pedophile and had been arrested in GA, CA, NM, FL, and TN. 
Jimmy Earl Brooks, 52, who was living on a boat docked in the Galveston area and is 
described as "associated with the Mormon Church in Galveston," was charged on 22 July 
1994 with molesting four children. He had earlier been arrested in Georgia, California, New 
Mexico, Florida, and Tennessee, on charges ranging from exposing himself to aggravated 
sexual assault, usually involving children under age ten. Police from Morristown, 

Tennessee, had been looking for him since March 7, when he was charged with the 
aggravated sexual assault of eight children. His modus operandi was to "teach Sunday 
School at ... churches around the country, which is where he came in contact with most of 
his victims.... Brooks was able to make friends with families and talk them into going sailing 
with him, usually at night," according to investigator Connie Guelfi of the Galveston Police 
Department. "While parents sat on the stern of the boat, Brooks would go into the bow of 
the boat with some of the children." 

BROOKS-Jimmy Earl Brooks 1.pdf 

http://mormon-alliance.ora/casereports/volume1/part1/v1p1c04.htm 

CASE REPORTS OF THE MORMON ALLIANCE VOLUME 1, 1995 

Chapter 4 CRIMINAL INVESTIGATIONS OF MORMONS INVOLVED IN CHILD SEXUAL 
ABUSE " 

“Brooks' charges range from exposing himself to aggravated sexual assault. Many of the 
felony charges involved children under the age of 10." "Brooks was charged with the 


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aggravated sexual assault of eight children." 

BROOKS-Jimmy Earl Brooks 2.pdf 

Serial child molester charged in Galveston” by Jack Osteen The Daily News 

Screen shot in my possession. 

07/04/94 Idaho 

LDS Rex Furness, a Bishop in the LDS church was sentenced to two months in jail and 
seven years probation for sexually assaulting his teenage granddaughter. "The Idaho Falls 
Post Register reported the following on November 13, 1996: "A former state senator [Rex 
Furness] will be spending the next two months in jail for sexually battering his teenage 
granddaughter.... Furness will serve 60 days in the county jail, and seven years probation.... 

“He was also very active in the Church of Jesus Christ of Latter-day Saints, holding various 
titles, including bishop until he confessed the acts to his church and surrendered his temple 
recommend.” 

http://www.utlm.ora/newsletters/no92.htm 

“What he did not say in court was that the charge against him forced him to resign from the 
state senate." 

“Republican officials say they plan no disciplinary action now against Rigby Sen. Rex 
Furness, who has been charged with a felony count of sexual battery on a minor. 

The party was shaken following news Wednesday that Furness was charged in Madison 
County District court.” 

May 17, 1996 in Idaho Charges Take Gop Legislators By Surprise Republicans Express 
Shock, Plan No Action Against Furness Yet Associated Press 

http://www.spokesman.com/stories/1996/mav/17/charaes-take-aop-leaislators-bv-surprise/ 

March 26, 1997 in Idaho Court To Clarify Ex-Senator’s Probation Rules Associated Press 


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“Rex Furness’ sexual battery case has returned to court amid concerns the former 

Republican state senator failed to follow the terms of his probation. 

Now 7th District Judge Brent Moss plans to issue a clarification of when Furness may have 
contact with minors, said Carol Ehlinger, a state Department of Correction section 
supervisor. 

The action was prompted by two instances of Furness apparently breaking rules set by the 
Correction Department.” 

FURNESS-RexFurness-LDS Bishop.pdf 

http://www.spokesman.com/stories/1997/mar/26/court-to-clarifv-ex-senators-probation- 

rules/ 

08/01/94 Dallas, Texas 

LDS Gene A. Guinn “was excommunicated by the LDS Church for sexually assaulting at 
least two children Guinn was sentenced to 68 years in prison. Guinn appealed his case on 
the grounds that the testimony of Bishop Porter and President Harshaw should be stricken 
from the record. "Guinn admitted he had sexual contact with a nine-year old girl from his 
church" "Guinn confessed he had inappropriately touched other young girls." He appealed 
his case but the Court ruled that "In a proceeding regarding the abuse or neglect of a child, 
evidence may not be excluded on the ground of privileged communication except in the 
case of communications between an attorney and client.” GUINN-Gene Guinn 1 v the State 
ofTexas.pdf: 

Gene GUINN, Appellant, v.The STATE of Texas, Appellee. 

No. 05-00-01 251 -CR. | Nov. 20, 2001 .On Appeal from the Criminal District Court # 3, 

Dallas 2001 WL 146681 6County, Texas, Trial Court Cause No. F00-01439-TJ. Copy in my 
possession. 

"Four other women who said Mr. Guinn had fondled or assaulted them when they were 
children. All had met Mr. Guinn through church, including a young woman whose baptism 


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had been organized by the defendant. Two testified that he fondled them in a church 
building on Kiest Boulevard. 

Testimony outside the jury's presence showed that the trial was delayed for nearly two 
years while prosecutors and attorneys for local and national branches of the Church of 

Jesus Christ of Latter-Day Saints battled over subpoenaed records and testimony. 

The church excommunicated Mr. Guinn after he admitted the molestation to at least two 
church officials and during a church disciplinary hearing, according to testimony the jury 
heard. The judge ordered various church records turned over to prosecutors." 

GUINN-Gene Guinn 2. Pdf 

http://www.tdavis.ora/holvsmoke/thread.htmlthreadid=1:393/9005.13 

99ee5892&amp:msaid=1:393/9005.13 99ee5892 

http://dallasnews.com/latestnews/113747 molestation.html Mormon hiah priest convicted of 

indecencv 07/18/2000 Bv Hollv Becka / 

10/25/94 Jackson, 

Mississippi 

LDS Bruce A. McAskill a bishop's clerk "with a past rape conviction, faces a minimum 
sentence of 5 years in prison after a judge found him guilty of kissing and fondling a boy, 8, 
whom he was babysitting. The boy's mother attended McAskill's church. A police officer who 
was called to the scene said McAskill told him "he didn't see any problem" with an adult 
sleeping naked with a child.” (Jackson Citizen Patriot, 10/25/94)" 

MCASKILL-Bruce A McAskill.pdf 
http://reformation.com/CSA/variousabuse.html 

01/01/95 Texas 

LDS Ralph Neeley's Bishop knew about abuse allegations but failed to report that he 
molested an eight year old girl repeatedly alleges victim. "Ralph Neeley of Beaumont, 

Texas who was sentenced to life imprisonment for molesting an eight-year-old in empty 
rooms of their Mormon meeting house while services were going on. 


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NEELEYRalph Neeley 1.pdf 

http://mormon-alliance.ora/casereports/volume1/part1/v1p1c04.htm 

"Neely's actions were so egregious he got sentenced to life in his criminal trial.. "This case 
was filed Jefferson County, Texas (Port Arthur). In January, 1995, the LDS Church settled 
for an undisclosed amount. An eight-year-old girl had been repeatedly molested in the LDS 
Church by Neeley. Neeley was a Mormon priesthood member and his Bishop knew about 
the allegations but failed to report it. Neeley's molestations were so egregious that he was 
sentenced to life in his criminal trial. Church leaders claim they encouraged Neeley to turn 
himself in to the police. John Charles Blome and Neeley were friends who attended the 
same LDS Church in Texas and had the same Bishop who reported neither Blome nor 
Neeley.” 

(Listing of Cases of Abuse. docx) 

NEELEY-Ralph Neeley 2.pdf 
http://www.childpro.ora/ldscases.html 

“Jefferson County, Texas, court records show the church settled for an undisclosed amount 
in this case. .The lawsuit names as co-defendants the church and Neeley's bishop, who 
apparently knew about the allegation but failed to report it.” 

(The Salt Lake Tribune, June 1 0, 1 995 pp. D1 , D3) 

01/17/95 Utah 

LDS Bishop Kennard is charged with 25 counts of sexual abuse of a child. "Lon Harvey 
Kennard held without bail on charges that he sexually abused two of his adopted daughters 
Wednesday, his family issued a public apology.” 

“Kennard is charged with 25 counts of first-degree felony aggravated sexual abuse of a 
child, 21 counts of second-degree felony sexual exploitation of a minor and one count of 
witness tampering. According to court documents, the abuse was ongoing between 1995 
and 2002. During that time frame, Kennard served as a Church of Jesus Christ of Latter-day 
Saints bishop." 


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KENNARD-Lon Harvey Kennard 1.pdf and 2.pdf 
http://www.freerepublic.com/focus/f-news/2479608/posts 

Family apologizes after sexual abuse arrest [Lds bishop] 

Salt Lake Tribune A | March 24, 2010 | Christopher Smart 

http://www.freerepublic.com/focus/news/2478562/posts 

Heber charity founder Lon Kennard Sr. charged with years of sexual abuse 

Deseret News A | March 23, 2010 | Geoff Liesik 

04/08/96 Filer, Idaho 

LDS Ronald Alvin Jenkins was “Accused of molesting scouts in the 1990's. Convicted of 
Lewd Conduct with a minor in April, 1996, 17 year sentence. 

Verbatim: http://www.idahobovscoutabuse.com/perpetrators/ronald-jenkins/ 

“Perpetrator: Jenkins, Ronald - Mormon 

Place: Filer 

Troop & Location: Grand Teton Council - Filer 2nd Ward 

Years in BSA: No IV File, Scouting 1989-1993 

Accused of molesting scouts in the 1990's. Convicted of Lewd Conduct with a minor in April, 
1996, 17 year sentence. 

Timeline for Ronald Alvin Jenkins: 

Born 1942 

(SSN Issued in Idaho) 

1966 

BYU 

1970’S 

Married and has four children. 

1980’s 

LDS Bishopric counselor in Filer, Idaho, 2nd Ward (per victim.) 


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1984-1988 

Molested Scout(s) on Scouting trips (per victims in court documents.) 

1990 

Resigned from being LDS Bishopric Counselor to become a Scoutmaster of the Filer 
2nd Ward Boy Scout Troop. Teton Council (per victim.) 

1990-1993 

Continually molested Scout(s) on scouting trips (per victim.) 

Summer of 1991 On a church overnight camping trip Jenkins asked victim if he could 
see his penis. Another time, victim was being interviewed by Jenkins as part of 
church-conducted interviews with children to see if they were in need of adult 
guidance. Jenkins sexually abused victim. Jenkins abused victims at least two more 
times at victim’s house and at Jenkins’ house. Another incident occurred on an LDS 
church camp. Other incidents happened on a motorcycle trip and on a camping trip. 
Jenkins told the victim to victim’s older brother. Victim met Jenkins through Scouts. 
(1995 Twin Falls County Sheriff’s Report.) 

1993 

Scout’s parent found out. It is unknown when or if the LDS church or the BSA ever 
notified of the molestation. Law enforcement involved (per victim.) 

1994 (and earlier) 

Abused several brothers in a family, per statement. (1995 Twin Falls County Sheriff’s 
Report.) 

Fall 1994 

Quit teaching job at Filer High School. (Spokesman-Review.) 

10/27/1994 

Wife filed for divorce. Decree of Divorce Issued 12/07/1994. 

3/30/1995 

Investigation by Twin Falls County Sheriff’s Office. 

1995 

Charged in several counties for Lewd Conduct with a Child Under 16. 

1996 


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Convicted in Twin Falls County and Franklin County in 1996. 

Current, he has been incarcerated ever since his conviction.” 

http://www.idahobovscoutabuse.com/perpetrators/ronald-jenkins/ 

JENKINS-Ronald Alvin Jenkins.pdf 

01/01/97 Kansas City, MO 

LDS David Neil Brown was charged with 32 counts of statutory sodomy. Brown molested 5 
boy scouts. "Accused pedophile David Neil Brown was an active Mormon and a Boy Scout 
Leader in the LDS Church. The Jackson County Missouri prosecutor's office brought 32 
charges of statutory sodomy against Brown. Court documents allege that Brown had 
molested five boys between 1997 and 2001 . 
http://www.iustice.aov/usao/mow/news2007/brown david.sen.htm 

In 2003 Brown pled guilty to two counts of statutory sodomy in the first degree and three 
counts of statutory sodomy in the second degree. He is serving a state sentence of 15 
years at this time but on Dec. 28, 2005 Brown plead guilty to downloading child images on 
his computer on March 2002 and could be imprisoned for 30 more years federally without 
parole." "Court documents allege that Brown had sexual contact repeatedly with five boys 
between 1997 and 2001." 

BROWN-David Brown.pdf 

http://www.justice.aov/usao/mow/news2007/brown david.sen.htm 

http://bloas.kansascitv.com/crime scene/2005/1 2/index. html#storvlink=cpv 

01/01/97 Utah 

LDS James W. Penrod was forced to return from an LDS mission and arrested for sodomy 
of a child. As part of a plea agreement 18 other criminal counts of sexual abuse of minors 
were dismissed. "Since he was forced to return from an LDS Church mission and arrested in 
July 1997, Penrod has been housed at the Juab County Jail and then the Utah State 

Hospital in Provo." ". The judge sentenced Penrod to serve six years-to-life on one count of 
sodomy of a child, a first-degree felony. In 1998, Penrod entered a plea of guilty and 


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mentally ill to that charge and two others. He also admitted committing sexual abuse of a 
child, a second-degree felony, and providing harmful material to a minor, a third-degree 
felony. His sentences for those counts will run concurrent with that for the sodomy charge. A 
judge determined last year that Penrod was not mentally ill." " Penrod committed sexual 
acts on the children just prior to leaving on an LDS Church mission to Pennsylvania and 
then wrote a sexually explicit letter to a boy while serving as a missionary, the prosecutor 
said." 

PENROD-James Penrod.pdf 

http://www.mormonstodav.com/0001 1 6/D2Penrod01 .shtml 

Nephi man sent to prison despite suicide threat Sex abuser tells judge he suffers from 
depression By Edward L. Carter Deseret News staff writer 

Published: Saturday, Jan. 15 2000 12:00 a.m. MST 

http://www.deseretnews.com/article/print/738526/Nephi-man-sent-to-prison-despite- 

suicidethreat.html 

01/15/97 Arizona 

Victim Kendahl states that she had told "several bishops that she was being sexually 
abused and not one reported the pedophile, her unnamed perpetrator. This is despite the 
fact that Arizona requires clergy and priest to report child abuse! She further states that 
therapists she had told did not report. Kendahl says she was abused by a relative starting 
at the age of 8. At BYU she told a therapist and 2 campus bishops who did nothing." 

"Church leaders say this is an anonmaly, but CBS 5 Investigates uncovered that might not 
be the case." 

VICTIM-Kendahl-kpho 2012.pdf 

http://www.kpho.com/storv/16146484/2-alleaed-sexual-abuse- victims-savtheir-church- 

leaders-failed-to-report-abuse-to-police 

httD://www.bishoDaccountabilitv.ora/news2011/11 12/2011 11 29 Leitner 2Alleaed.htm 


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2 alleged sexual abuse victims say church leaders failed to report abuse 

Nov 29, 2011 , February 28, 2012 12:56 PMBy Tammy Leitner PHOENIX (CBS5) 

01/30/97 Utah 

LDS Lloyd Gerald Pond allegedly molests a 13 year old girl. "This case was filed in Third 
District Court in Salt Lake City, Utah. Pond was a Mormon Church spokesman, the host and 
executive producer of "Times and Seasons", a public affairs program of the LDS Church, 
broadcast nationally and overseas. The program focused on moral and social issues, 
including child abuse. Pond groomed an eleven year old girl, eventually photographing her 
nude and molesting her at age 13. He received a plea bargain which was criticized in the 
press for being too lenient. The bargain was considered special treatment because of his 
position and connections. A newspaper article from March 2, 1997 discusses the plaintiff's 
attempts to obtain discovery of the prosecutor's file in the Pond case and the resistance put 
up by the Salt Lake City District Attorneys' office to the civil subpoena." POND-Lloyd 

Pond.pdf 

http://www.oocities.ora/wsimister/ldscourt.htm 

http://www.childpro.ora/ldscases.html 

02/11/97 Tennessee 

LDS John Haws Burrell, “was convicted of twelve counts of sexual battery, three counts of 
rape and two counts of coercion of a witness. He was sentences to 24 years in prison. The 
victims were 13 and 14 years old.” 

BURRELL-John Haws Burrell 1 State v Burrell.pdf 
https://casetext.com/case/state-v-burrell-37 

05/24/97 Bakersfield, 

California 

LDS Jason Chad Larsen, a missionary from Idaho "was arrested in late May on suspicion 
of molesting a girl, 8, at the school. Jason Chad Larsen, 20, a Mormon missionary from 

Idaho, was charged with 1 felony count of child molestation for an incident in the school 
cafeteria among other children and reading volunteers. Larsen reportedly put his hand in 
the girl's shorts and eventually inside her underwear while she was reading to him. The girl 


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said she was scared and tried to ignore the act. After finishing the book, Larsen reportedly 
asked if she wanted to read another book. She said no and returned to her class where she 
reported the incident to a teacher's aide. Larsen, who has volunteered at the school since 
mid-Feb., was arrested a few hours later. He was released on $10,000 bail. Source: 
Bakersfield Californian 5/24/97" 

LARSEN-Jason Chad Larsen.pdf 

http://ffrf.ora/leaal/national-dav-of-praver-victorv/stop-the-national-dav-of- 

praverpetition/item/1 6948-black-collar-crimes 

http://reformation.com/CSA/allabuse.html 

06/01/97 Utah 

LDS Shon M. Ricks "was found guilty by a Salt Lake City jury of molesting a 6-year-old girl 
in February 1997. Citing Ricks' severe heart condition, the judge reduced his two second- 
degree felony convictions to third-degree felonies, which carry a maximum sentence of five 
years rather than the 15 years he could have received. 

Then when Ricks, a Mormon, came up for parole in a hearing last August, his friends, 
relatives and church leaders reportedly filled the room. 

The reason: Mormon leaders contended that Ricks was sufficiently rehabilitated after less 
than two years in prison to receive a church "call" to a mission in Chile." "The parole board 
chairman, also a Mormon pushed for the early release-which the full board later approved- 
and Ricks was freed over the objections of the victim's father, who also is a Mormon." 

"Ricks remains free, although the church scrapped the mission assignment after a high- 
ranking Mormon official in Salt Lake City intervened." 

RICKS-Shon Ricks 1.pdf 

Mormons caught up in wave of pedophile accusations / Church deals with abuse cases 
without reporting them, critics say 

PAUL McKAY Staff 


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SUN 05/09/1999 Houston Chronicle, 

http://nowscape.com/atheism/mo pedophile.htm 

07/01/97 Montana 

LDS Kelly Teters is "waiting trial on charges he sexually abused a stepdaughter, who first 
turned for help to her Mormon Church leaders in nearby Manhattan but got none. 

The church leader in Manhattan, Mont., sent the girl back to her family without reporting to 
police, saying "he tried to focus on the authority of the 'Heavenly Father' rather than on 
earthly authorities such as the police," said Gallatin County prosecuting attorney Ashley 
Harrington." 

TETERS-Kelly Teters 1.pdf 

http://www.vachss.com/help text/archive/mormon officials.html 

“According to Kelly James Teter v the State of Montana, the LDS church is report the 
allegations of sexual abuse to the Police in early October 2000 but from April to August of 
1999 "Rex Dahl, Stake President of the Bozeman, Montana LDS church testified that he 
met with Teters on approximately eight occasions. During the course of these meetings, 
Teters disclosed that he had been sexually abusing J.U. for approximately two years. 
President Dahl recalled one occasion in which Teters brought J.U. to the meeting so that 
she could discuss the events taking place with her stepfather." “Although Dahl was 
concerned for the child, he believed his duty of confidentiality prevented him from reporting 
the abuse.” 

TETERS-Kelly Teters 2 State of Montana v.pdf 

State v. Teters, 321 Mont. 379 (2004) 91 P.3d 559, 2004 MT 137 321 Mont. 379 

Supreme Court of Montana. STATE of Montana, Plaintiff and Respondent, v. Kelly James 
TETERS, Defendant and Appellant. No. 02-638. | Submitted on BriefsJune 19, 2003. | 
Decided May 25, 2004. Copy in my possession. 


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01/01/98 Sacramento, CA 

LDS Luis Gonzales, a Bishop, "has been charged with 20 counts of child molestation, 
battery, rape, bigamy, stalking, and fraud. The victim, alias Tammy Doe alleges, "The 

Church of Jesus Christ of Latter-Day Saints has been fully aware of this man's illegal 
activities since 1998 and failed to do anything until the child molestation became public." 

The trial is being held in the Sacramento County Court House, Department 26 located on H 
Street. Nancy Cachrane is the Deputy District Attorney for Sacramento County, and is 
prosecuting this case against Luis Gonzales. (Tapestry Against Polygamy, July 2002)" 

GONZLES-Luis Gonzales 2.pdf 
http://reformation.com/CSA/variousabuse.html 

05/01/98 United Kingdom 

LDS Michael Adamson, "A CHURCH caretaker who abused children as young as seven 
has been jailed - more than 25 years after his crimes. Over a 16-year-period, Michael 
Adamson molested four girls in the congregation of the Church of Jesus Christ of Latter-Day 
Saints - including two in the church's boiler room. He abused a third in her home when he 
came around to tune her piano while she was off school ill.” 

York Crown Court also heard how elders at the church knew of Adamson's crimes as 
long ago as 1998 and allowed him to continue worshipping there ." "In the past 
Adamson was jailed for six years after pleading guilty to 11 charges of indecent 
assault committed between 1966 and 1982.” 

ADAMSON-Michael Adamson. docx 

http://www.vorkpress.co.uk/news/2356364.michael adamson convicted of molestatio 

n L 

06/01/98 New Jersey 

LDS William Scott Hanson "sexually raped, molested, battered and fondled him while 
plaintiff was a minor, and that defendant Corporation of the President of the Church of 

Jesus Christ of Latter-Day Saints d/b/a the Mormon Church knew that Hanson was a 
pedophile that was abusing children but retained him as a High Priest, Scout leader and 
Young Men's Leader." "Hanson is a serial pedophile and a life-long compulsive sexual 
predator of boys. He has been convicted in Utah, Wisconsin and New jersey of molesting 


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and raping young boys. He is presently serving a thirty year sentence in New jersey and 
will then serve a consecutive term of forty years for child rape in Wisconsin. 

9. At all relevant times Hanson was raping and molesting boys, he was also serving 
defendant COP's church as High Priest, Scout leader and Young Men's leader." 

FACTS 

#5 "The Mormon Church knew or should have known that HANSON was a dangerous child 
molester yet for at least fifteen years repeatedly put him in to positions that gave him access 
to young boys, dozens of whom he raped and sodomized. 

6. HANSON was known by church authorities to be a sexual offender with children while he 
was still a teenager. 

7. In approximately 1986, HANSON was a scout leader, HANSON sexually abused DC, 

RS, and MD, in Utah. 

8. HANSON was subsequently arrested and charged with multiple counts of attempted 
forcible sodomy and aggravated sexual abuse of a child in Utah Count, Fourth Judicial 
District, State of Utah, Criminal No. 87-72. 

10. Robert o Hansen was HANSON's ward bishop in 1987. Robert O. Hansen was aware 
of specific allegations against Hanson, yet spoke as a character witness and argued for 
leniency at the sentencing hearing. He told the court that HANSON was not a child 
molester. Hansen told the court that HANSON had merely exercised bad judgment. 
HANSON was sentenced to probation and therapy. 

11 . On information and belief, HANSON failed to complete court ordered sexual deviancy 
therapy. Instead, Hanson moved to Texas in 1088 and joined an LDS ward in Dallas. 

12. Bishop Robert O. Hansen informed the bishop of the Dallas LDS ward about 
HANSON's criminal law problems in Utah. Notwithstanding Hanson's known sexual abuse 
of boys in Utah, church officials in Texas put HANSON in church positions working with 
youth in the ward. 

13. HANSON moved to West Lafayette, In, in approximately 1090, and joined a local ward 
of the LDS church. 

14. In Indiana, HANSON became a scout leader in the local LDS ward. Through his 


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position as ward scout leader, HANSON befriended a church member's family. HANSON 
began grooming and later sexually abusing their son PM. HANSON abused PM on scout 
camp outings in multiple locations including Indiana, Arkansas and Iowa." He moved to 
Reston, Virginia and then on to Beaumont, Texas where he joined a Mormon ward and was 
once again called as a scout leader. He abused more boys in Texas and this included DB. " 
16. HANSON moved to Waukesha, Wisconsin, in approximately 1995. He joined the local 
ward of the Mormon church. The church put him in charge of the Blazers, younger scouts 
ages 11 to 12. The church also made him Young Men's Leader. In those positions, 
HANSON sexually abused more boys in Wisconsin including BH. In approximately 1998 he 
moved to Warren County, New Jersey and joined the Ledgewood ward of the Mormon 
Church. Church authorities again put HANSON into scouting and youth leadership 
positions. In those positions, HANSON raped Plaintiff David V. Ames, a minor at that time, 
on hundreds of occasions and in multiple locations including Warren, Morris and Middlesex 
counties, New jersey, as well as other locations throughout the United States and Canada. 

19. Despite being placed in scouting leadership positions in Mormon church wards in 
Texas, Indiana, Wisconsin and New jersey, Mormon Church officials never registered 
HANSON with the Boy Scouts of America. 

20. In 2000, HANSON was arrested and charged with 42 counts of aggravated child sexual 
abuse in Warren County, New Jersey.” 

HANSON-Willaim Scott Hanson 1 COMPLAINT AMES V COP.pdf 
https://dockets.justia.eom/docket/new-jersey/njdce/2:2006cv03441/19186 


EXCERPTS FROM PLAINTIFF'S (P) COMPLAINT & DEFENDANT'S (D) ANSWERS 
(RESPONSES): 

PARTIES SECTION 

P-8. WILLIAM SCOTT HANSON ('"HANSON"), is a citizen of the State of New Jersey, 
residing at the Adult Diagnostic & Treatment Center in Avenel, Woodbridge Township, 


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Middlesex County. HANSON is a serial pedophile and a life-long compulsive sexual 

D-8. Defendant admits that, in or about November 1986, Hanson was charged with one 
count of Attempted Forcible Sodomy and one count of Aggravated Sexual Abuse of a Child 
in Utah County, Utah. Defendant further states that in or about February 1987, the charge of 
Aggravated Sexual Abuse of a Child was amended and subsequently reduced to Sexual 
Abuse of a Child. Except as expressly admitted herein, Defendant denies the remaining 
allegations contained in Paragraph 8 of the section of the Complaint entitled “Facts.” 

P-9.At all relevant times HANSON was raping and molesting boys, he was also serving 
defendant COP's church as High Priest, Scout leader and Young Men's Leader. 

D-9. Defendant admits that, in or about October 1987, pursuant to a plea agreement, 

Hanson entered a plea of guilty to the charge of Lewdness Involving a Child, a Class A 
misdemeanor." 

FACTS SECTION 

P-10. Robert 0. Hansen was HANSON'S ward bishop in 1987. RobertO. Hansen was 
aware of specific allegations against Hanson, yet spoke as a character witness and argued 
for leniency at the sentencing hearing. He told the court that HANSON was not a child 
molester. Hansen told the court that HANSON had merely exercised bad judgment. 

HANSON was sentenced to probation and therapy. " 

D-10. Defendant admits that in or about 1987, Robert 0. Hansen (“Hansen”) was The 
bishop of the Orem, Utah 27th Ward in which Scott Hanson was a member. Defendant 
further admits Hansen was aware of the Utah County criminal charges, and that Hansen 
addressed the court during Hanson’s sentencing hearing. Defendant further admits that, 
according to the Judgment and Order of Probation entered by the Utah County Court, 

Hanson was sentenced to probation and therapy, although Hanson was not required to 
serve jail time or pay a fine or victim reparation fee in connection with his guilty plea to 
Lewdness Involving a Child." 


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P-11 . On information and belief, HANSON failed to complete court ordered sexual deviancy 
therapy. Instead, Hanson moved to Texas in 1988 and joined an IDS ward in Dallas. 

D-11 . Defendant admits that, at some point in time, Hanson moved from Utah to Dallas, 
Texas, and states that on information and belief that Hanson did comply with all of the 
conditions of his probation. Accordingly, Defendant denies the remaining allegations 
contained in Paragraph 11 of the section of the Complaint entitled “Facts.” 

P-12. Bishop Robert 0. Hansen informed the bishop of the Dallas LOS ward about 

HANSON'S criminal law problems in Utah. Notwithstanding HANSON'S known sexual 
abuse of boys in Utah, church officials in Texas put HANSON in church positions working 
with youth in the ward. 

D-1 2. Defendant denies that Church officials in the Dallas, Texas 3rd Ward “put Hanson in 
church positions working with youth” despite knowledge of “Hanson’s known sexual abuse 
of boys in Utah,” and further states that to the best of Defendant’s knowledge, information 
and belief, Hanson was not an active member of the Dallas, Texas 3rd Ward. Defendant is 
without knowledge or information sufficient to form a belief as to the truth or falsity of the 
remaining allegations of Paragraph 12 of the section of the Complaint entitled “Facts.” 

P-13. HANSON moved to West Lafayette, IN, in approximately 1989, and joined a local 
ward of the LOS church. 

D-1 3. Defendant admits that, at some point in time, Hanson moved to West Lafayette, 

Indiana and may have resided in a local ward in that area. Except as expressly admitted 
herein, Defendant denies the remaining allegations, if any, contained in Paragraph 13 of the 
section of the Complaint entitled “Facts.” 

P-14. In Indiana, HANSON became a scout leader in the local LOS ward. Through his 
position as ward scout leader, HANSON befriended a church member's family. HANSON 
began grooming and later sexually abusing their son, PM. HANSON abused PM on scout 
camp outings in multiple locations including Indiana, Arkansas and Iowa. 


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D-1 4. Defendant is without knowledge or information to form a belief as to the truth or falsity 
of the allegations contained in Paragraph 14 of the section of the Complaint entitled “Facts,” 
and on that basis denies those allegations. 

P-15. HANSON moved to Reston, Virginia, and then to Beaumont, Texas. In Texas, 

HANSON joined the local ward of the Mormon church and again was put into the church's 
scouting program. In Beaumont, HANSON abused more boys, including DB. 

D-1 5. Defendant admits that Hanson moved on multiple occasions, and may have resided, 
during certain periods of time, in Reston, Virginia and Beaumont, Texas. Defendant further 
admits that Hanson may have resided in the local ward of the Church in Beaumont, Texas, 
but states that Hanson was not an active participant in the Beaumont, Texas Ward, and 
specifically denies that “Hanson was put into the church’s scouting program.” Defendant is 
without knowledge or information sufficient to form a belief as to the truth or falsity of 
Plaintiff’s allegation that, while in Beaumont, “Hanson abused more boys, including DB.” 
Except as expressly admitted herein, Defendant denies the remaining allegations, if any, 
contained in Paragraph 15 of the section of the Complaint entitled “Facts.”" 

P-1 6. HANSON moved to Waukesha, Wisconsin, in approximately 1995. He joined the local 
ward of the Mormon church. The church put him in charge of the Blazers, younger scouts 
ages 11 to 12. The church also made him Young Men's Leader. In those positions, 

HANSON sexually abused more boys in Wisconsin including BH. 

D-1 6. On information and belief, Defendant admits that, at some point in time, Hanson 
moved to Waukesha, Wisconsin, where he resided in a local ward of the Church and 
served, for a certain period of time, as a First Counselor and Teacher’s Quorum Advisor in 
the Young Men’s Presidency. Except as expressly admitted herein, Defendant denies the 
remaining allegations contained in Paragraph 16 of the section of the Complaint entitled 
“Facts.” 

P-17. HANSON moved to Warren County, New Jersey, in approximately 1998, and joined 


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the Ledgewood ward of the Mormon Church. Church authorities again put HANSON 
into scouting and youth leadership positions. In those positions, HANSON raped Plaintiff 
DAVID V. AMES, a minor at that time, on hundreds of occasions and in multiple locations 
including Warren, Morris and Middlesex counties, New Jersey, as well as other locations 
throughout the United States and Canada. 

D-17. Defendant admits Hanson moved to Warren County, New Jersey in or about 1998 
and resided in the Ledgewood, New Jersey Ward of the Church. Defendant further admits 
that, while in New Jersey, Hanson participated in the lay priesthood of the Church, as that 
term is doctrinally defined and understood by the Church, and that, during certain periods of 
time, Hanson served in youth leadership positions.” 

P-1 8. HANSON also brought BH from Wisconsin to New Jersey on his vacations and 
repeatedly sexually assaulted BH in New Jersey. 

D-1 8. Defendant is without knowledge or information sufficient to form a belief as to the truth 
or falsity of the allegations contained in Paragraph 18 of the section of the Complaint 
entitled “Facts,” and on that basis denies those allegations. 

P-1 9. Despite being placed in scouting leadership positions in Mormon church wards in 

Texas, Indiana, Wisconsin and New Jersey, Mormon Church officials never registered 
HANSON with the Boy Scouts of America. 

D-1 9. Defendant is without knowledge or information sufficient to form a belief as to the truth 
or falsity of the allegations contained in Paragraph 19 of the section of the Complaint 
entitled “Facts,” and on that basis denies those allegations. 

P-20. In 2000, HANSON was arrested and charged with 42 counts of aggravated child 
sexual abuse in Warren County, New Jersey. 

D-20. Defendant admits the allegations contained in Paragraph 20 of the section of the 
Complaint entitled “Facts.” 

P-21 .In 2001 , HANSON pleaded guilty and was sentenced to multiple concurrent sentences 
Of 15 to 30 years." 


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D-21 .Defendant admits the allegations contained in Paragraph 21 of the section of the 
Complaint entitled “Facts.” 

P-22. In 2004, HANSON was sentenced to a consecutive 40 year term of imprisonment in 
Waukesha County, Wisconsin. 

D-22. Defendant is without knowledge or information sufficient to form a belief as to the 
truth or falsity of the allegations contained in Paragraph 22 of the section of the Complaint 
entitled “Facts.” 

https://docs.iustia.eom/cases/federal/districtcourts/newiersev/njdce/2:2006cv03441/191864/3 



see also Charles Toutant, Mormon Church Sued on Charges of Sexual Abuse by Youth 
Leader, 185 N.J. L.J. 475 (2006)(reporting that a Mormon bishop from Provo, Utah notified 
the child abuser's new ward, or congregation, about his previous criminal sexual offenses in 
Utah and Wisconsin, but the ward still put him in positions working with children in Dallas, 
Texas, and later working with children in Ledgewood, New Jersey) 
http://scholarship.richmond.edu/cai/viewcontent.cai?article=1005&context=law-facultv- 



publications 

https://docs.iustia.com/cases/federal/district-courts/new 

iersev/nidce/2 :2006cv0344 1/191 864/3 

Case 2:06-cv-03441 -WJM-MF Document 3 Filed 09/20/2006 Page 1 of 16 

AMES v. CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF 
LATTER-DAY SAINTS et al 

HANSON-William Scott Hanson 2, 3, and 4 pdfs 

11/15/98 

Utah 

LDS Matt Jaroscak allegedly sexually assaulted Kareena Macgregor." Kareena is now 
suing in civil court six people who she says have contributed to her emotional distress. 

These defendants included the COP of the LDS Church and Bishop Douglas Walker. The 


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trial began April 23." JAROSCAK-Matt Jaroscak 1 . And 2.pdf 

Kareena claims in her civil suit that she went to her LDS Bishop Douglas Walker in 

December 1999. She told him Matt Jaroscak was touching her. Bishop Walker, in a court 
filing, denied Kareena ever reported sexual abuse to him. A later filing amended that denial 
to “he has no recollection of Kareena or anyone else talking to him about someone having 
sexual contact with Kareena.” 

The MacGregors’ former bishop, Douglas Walker, through his lawyer, declined to comment. 
The LDS Church released a statement saying in part: “While the Church denies any 
responsibility for the harm that Kareena MacGregor has suffered, we are deeply saddened 
by what has happened to her. The Church and Bishop Walker have extended their love to 
her and have provided counseling and other assistance to help her through the emotional 
difficulties that she has faced.” In its initial response to Kareena’s civil complaint, the LDS 
Church, however, denied she was a member of her ward. This came as a surprise to 
Kareena, who has been a member of the Willow Canyon 4th Ward, in the East Sandy LDS 
Stake, since her baptism at age. This victim is suing the LDS church and the Bishop." 
http://www.citvweeklv.net/utah/bloa-13224-7513-medical-experts-testifv-in-macareaor- 

case.html 

http://www.citvweeklv.net/utah/article-35-7375-hear-mv-plea.html 


01/01/99 Washington 

Victim Flanagan alleges that “Bishop McCrea concealed the fact that a sexual predator 
was an abuser & granted him entrance into the Temple in order to marry an unsuspecting 
woman claims victim.” 

"This case took place in the state of Washington and was a case by the wife of a sex abuser 
who sued her bishop for granting her a Temple Recommend in order to get married, despite 
indications that her husband was a sex abuser. The Bishop concealed the fact that this 
man was an abuser and granted him entrance into the Temple in order to marry. This case 


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was dismissed." 

FLANAGAN V MCCREA-Flanigan v. McCrea.pdf (Jeff Breinholt) 
http://mormonmatters.ora/2009/09/23/the-arowina-mormon-sex-abuse-scandal/ 

The Growing Mormon Sex Abuse Scandal by Jeff Breinholt JD • September 23, 2009 

01/15/99 Idaho 

LDS Tim Ryan “is serving a 10-year probation term after pleading guilty in 2008 to a charge 
of sexual abuse of a child under the age of 1 6. Detectives say the victim's family reported 
the case in 1999; it was dropped when the girl's family wouldn't cooperate with 
investigators. About the time the case was dropped, prosecutors said, the girl met with 

Ryan and an LDS bishop. The victim told the Idaho Statesman last week that she had to 
attend meeting with an LDS bishop and Ryan where she was asked to forgive Ryan for his 
actions. ' At that point, 1 was really scared. My family was about to be torn apart,' she said. 
'They wanted me to forgive him. 1 was 14. 1 was put on the spot.” 

RYAN-Tim Ryan.pdf 

http://www.mcclatchvdc.com/2010/12/12/105162/did-fellow-mormons-cover-up officers.html 

Did fellow Mormons cover up officer's 

baby molestations?Parick Orr | Idaho Statesman December 13, 2010 

02/08/99 Washington 

LDS Darrell Howe abused a child and the following appeal to their lawsuit was decided by 
the court. “At issue in this case is whether any of the defendants owed the plaintiffs a duty. 
Jeffrey Pearson argues that Bishop McRae, the church, and other church officials (“Bishop 
McRae,” collectively) had a duty to protect him from the actions of fellow church member 
Darrell Howe.” The court affirmed the summary judgment order requested by the 
defendants. The following are excerpts from Court of Appeals of Washington, Division 1 . 


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Kimberlee Rae FLANIGAN; Jane MacLean as Guardian Ad Litem of Jeffrey David 
Pearson, a minor; and John Does 1-10, Appellants, v. John Doe McCRAE and Jane 
Doe McCrae, husband and wife; John Doe, Marysville State President and Jane Doe, 
Marysville State President, husband and wife; John Doe, Regional Representative 
and Jane Doe, Regional Representative, husband and wife; and The Church Of Jesus 
Christ Of Latter Day Saints, a Corporation, Respondents. 

No. 41345-7-1. 

“Feb. 8, 1999. 

Appeal from Superior Court of Snohomish County, Docket No 95-2-08382-8, judgment or 
order under review, date filed 08/19/1997; Ronald L. Castleberry , Judge. 

Attorneys and Law Firms 

Jerald D. Pearson , The Pearson Law Firm, Kirkland, WA, for Appellant(s). 

Thomas D. Frey , Stafford Frey Cooper, Seattle, WA, Marcus B. Nash , Stafford Frey & 
Cooper, Seattle, WA, for Respondent(s). 

UNPUBLISHED COX .- 

“*1 At issue in this case is whether any of the defendants owed the plaintiffs a duty. Jeffrey 
Pearson argues that Bishop McRae, the church, and other church officials (“Bishop 
McRae,” collectively) had a duty to protect him from the actions of fellow church member 
Darrell Howe. Kimberlee Flanigan claims that Bishop McRae owed her a duty of care 
arising out of their relationship as bishop and church member. We hold there was no duty 
and affirm the 

summary dismissal of all claims. Vernon McRae served as a bishop in the Church of Jesus 
Christ of Latter Day Saints, more commonly known as the Mormon Church. Darrell Howe, a 
member of Bishop McRae's parish or “ward,” sought his advice in the spring of 1989. Howe 
told the bishop that he had recently been in a fight with two teenage boys and that they had 
falsely accused him of inappropriate touching. Bishop McRae advised Howe to be honest 
with the authorities and to seek the help of an attorney if criminal charges were filed. 
Several months later, Howe met with Bishop McRae again, telling him that he had pleaded 


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guilty to misdemeanor assault. At Howe's request, Bishop McRae agreed to help him find 
community service opportunities, as well as to monitor his progress in completing the 
required community service hours. Bishop McRae then arranged for Howe to help another 
ward member, Debbie Pearson, build a log house. Howe worked diligently on the Pearson 
home. After several months, Bishop McRae informed the court that Howe had completed 
his community service hours, and the court entered an order terminating his community 
supervision. While Howe worked on the Pearson property, he became friends with Ms. 
Pearson and her family and began dating Pearson's 17-year-old daughter, Kimberlee 
Flanigan. Several months later, on Flanigan's 18th birthday, they got engaged. The couple 
hoped to be married in the temple. A “temple marriage” is a sacred ceremony that would 
allow their marriage to continue not just for the duration of their lives, but for “time and 
eternity.” According to Mormon doctrine, Howe and Flanigan had to be deemed worthy by 
both the ward bishop and another church official to qualify for a temple marriage. During this 
temple recommend process, Howe and Flanigan met with Bishop McRae, both individually 
and as a couple. At Bishop McRae's prompting, Howe revealed to Flanigan that a young 
man had falsely accused him of sexual assault. 

Howe told her that it was this accusation that led to his pleading guilty to misdemeanor 
assault. Flanigan believed Howe when he said that he had not sexually assaulted or abused 
his accuser. 

Within two and one-half months of their engagement, Howe and Flanigan received their 
temple-recommends and were married in the temple. Shortly after their wedding, they 
moved to Montana. Debbie and her son, Jeffrey Pearson, later moved to Montana as well. 
About two years after moving to Montana, Howe was arrested for sexual contact with a 
teenage boy. Following Howe's arrest, Jeffrey Pearson disclosed that Howe sexually 
abused him while their family was living in Montana. 

*2 Thereafter, Flanigan and Jeffrey Pearson commenced this action. Flanigan and Pearson 
appeal from the trial court's summary dismissal of their claims.” 

Flanigan v. McCrea, Not Reported in P.2d (1999) 93 Wash.App. 1085 ( Flanigan v. McCrea, 
93 Wash.App. 1085, 1999 WL 58767 (Wash.App. Div. 1 1999) 


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HOWE-Darrell Howe Flanigan and Does 1-10 v COP.pdf Copy in my possession. 

06/29/99 Plaquemines 

Parish, 
Louisiana 

LDS Matthew Todd Wallis, “of Ogden, Utah was extradited to Plaquemines Parish, where 
he pleaded guilty to oral sexual battery on a 4 year old child.” 

“Wallis was 15 or 16 years old at the time he perpetrated the abuse. The crime, which 
occurred between 1999 and 2000, was covered up by the then-teenager's parents and also 
possibly by a bishop in Harvey at the Church of Jesus Christ of Latter-day Saints, according 
to the Plaquemines Sheriff's Office. (Courtesy of Plaquemines Sheriff's Office)” 

“The victim reported the crime to Plaquemines authorities in May 2014 and Wallis was 
arrested at his Utah home in September.Witnesses told police last year that Wallis had 
videotaped one of his sexual crimes, and that the tape had been brought to his mother's 
attention. Wallis's mother had chastised those who found it and later had told a family 
member that she burned the tape to destroy the evidence and "make this all just go away," 
according to the Sheriff's Office.” 

“Around the same period in which Wallis abused the girl, between 1999 and 2000, a 
second victim reported to a bishop of the Church of Jesus Christ of Latter Day Saints in 
Harvey that she had been assaulted by Wallis, according to the Sheriff's Office. 

Authorities said Wallis later met with that bishop possibly to "confess his sins" and go 
through a "repentance program." One of the bishops at the church during that period 
acknowledged knowing the Wallis family, but he told investigators that he did not remember 
being told about any sexual abuse committed by Wallis, the Sheriff's Office said.” 

By Benjamin Alexander-Bloch, NOLA.com | The Times-Picayune Email the author | 
updated January 29, 2015 at 12:02 PM 

WALLIS-Matthew Todd Wallis 1 .docx, 2.docx and pdf 


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http://www.nola.com/crime/index.ssf/2014/09/utah man charaed with sexual a.html 

09/30/99 Pennsylvania 

LDS Vance Hein “sexually abused a victim using his position as Boy Scout leader. Hein has 
been in prison for a parole violation related to this abuse. The victim states his entire life 
was affected by this abuse. "A Delaware man has sued the BSA and the Church of Jesus 
Christ of Latter-day Saints on Wednesday over Childhood sexual abuse committed by the 
scoutmaster at his church-sponsored troop. Melvin Novak filed the lawsuit in state court in 
Philadelphia, charging that newly released Boy Scout files support his claim that the 
organization hid abuse complaints for years. 'They knew about this conduct, they knew 
what was going on , and the covered it up in the most despicable way,' lawyer Stewart J. 
Eisenberg said at a news conference." 

“Vance Hein, 61, is in prison for a parole violation related to his 1999 misdemeanor 
conviction in Novak's case. He originally got probation but is now serving 15-30 years for 
possessing child pronography." Novak was 15-years-old when Hein abused him. HEIN- 

Vance Hein 1 .pdf 

http://www.ksl. com/?nid=148&sid=23366547 

Boy Scouts, LDS Church sued by former scout over sex abuse 

By Associated Press and Josh Furlong December 13th, 2012 

"90. Upon information and belief, the conspiracy among the Boy Scout and LDS Church 
Defendants, and Defendant Hein, to avoid civil and criminal liability for the harmful illegal, 
and immoral acts of their Scoutmasters and Youth Leaders, including Defendant Hein, 
existed before Plaintiffs sexual assault at the hands of Defendant Hein. 91 . Had BSA 
and/or LDS Church notified or advised Plaintill; his parents; or civil authorities, or otherwise 
been candid with the scouting public regarding the pervasiveness of sexual abuse of boys 
by an alarminly large percentage of BSA's adult scout leaders, then minor-Plaintiff Melvin 
Novak would either (1 ) not have joined the BSA or (2) not been allowed to join BSA by his 
Parents." 


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HEIN-Vance Hein 2-complaint.pdf 

https://archive.ora/stream/538065-novak-complaint/538065-novak-complaint djvu.txt 


10/17/99 North Carolina 

LDS Matthew Alan Nash, "sexually molested 11 young girls ages 5-8 while on his mission 
in North Carolina. He was sentenced to prison for 5 years. In exchange for the guilty pleas, 
prosecutors dismissed a more severe count of sexual offense of a child. 

According to North Carolina police, Nash's victims were all members of the Church of Jesus 
Christ of Latter-day Saints between the ages of 5 and 8 years. The assaults took place 
while Nash taught class at a local LDS church or during at-home visits with church 
members between February and May 1999, police said. 

Nash served in the North Carolina Charlotte Mission, which covers roughly the western half 
of the state." 

http://www.deseretnews.com/article/840386/SL-molester-sent-to-NC- prison. html?pa=all 

S.L. molester sent to N.C. prison He admitted to assaulting girls during mission By Angie 
Welling Deseret News staff writer Published: Tuesday, May 1 2001 11:01 a.m. MDT 
“A Salt Lake man will spend the next five years in prison after admitting to sexually 
molesting 11 young girls while serving an LDS mission in North Carolina. 

Matthew Alan Nash, 27, of Salt Lake City, has admitted to molesting at least 22 
children in both North Carolina and Utah since age 16. Matthew Alan Nash, 27, pleaded 
guilty Monday in Macon County Superior Court to 18 counts of indecent liberties with a 
child. He was sentenced to serve five years and five months in prison and was immediately 
turned over to the North Carolina Department of Corrections.” 
http://www.mormonstodav.com/010504/D2MNash01 .shtml 

By Kent Larsen 

Former Missionary Sentenced for Sexual Assault during Mission 

The following are listed as Kent Larsen's sources: 

Former Mormon missionarv sentenced to five years 

Asheville NC Citizen-Times 30Apr01 D2 


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By Quintin Ellison: Staff Writer 

Former Mormon missionary sentenced to five years 

S.L. molester sent to N.C. prison 

Deseret News IMayOl D2 

By Angie Welling: Deseret News Staff Writer 

Missionarv accused of molestina airls returns to North Carolina 

Raleigh NC News &Observer (AP) IMayOl D2 

Man Gets 5-Year Sentence for Sex Offenses While on Mormon Mission 

Salt Lake Tribune (AP) 1 MayOl D 

NASH-Matthew Alan Nash.pdf 

12/01/99 Sandy, Utah 

Bishop David Maxwell failed to report the rape of a 15 year old girl by an LDS boy and 
Maxwell tells police that he was informed that "his obligation was to not report" by LDS legal 
offices (Deseret News), "police in December 1999 when he learned about the alleged 
sexual assault of a 15-year-old girl. Maxwell waited until February to contact police after the 
girl also disclosed the information to an LDS seminary teacher, who then spoke with 

Maxwell, according to a Sandy police report. The boy who allegedly committed the assault 
faces charges in juvenile court." 

LDS BISHOP-David Maxwell.pdf 

http://www.deseretnews.com/article/760432/LDS-bishop-charaed-with-failure-to- 

report. html?pa=all 

http://www.deseretnews.com/article/760432/LDS-bishop-charaed-with-failure-toreport.html? 

pg=all 

01/01/00 Saint George, 

Utah 

LDS David Marlen McGhie was charged with forcible sexual abuse and forcible sodomy of 
a child. “According to Justice Court records, the incidents happened between August 1998 


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and January 2000. . " “An LDS bishop, Bishop Brent Atkinson was accused of failing to 
report child sexual abuse and has signed a diversion agreement with the Washington 

County Attorney's Office. 

Under the agreement, the Class B misdemeanor charge against Brent Atkinson will be 
dismissed if he abides by terms of the agreement for one year, said Deputy County Attorney 
Tara Dugan.” 

“The agreement calls for Atkinson to do 100 hours of community service, commit no law 
violations and pay $250 in court administration fees." "Two other LDS bishops in Utah have 
been charged this year (2000) with failing to report child sexual abuse." 

LDS BISHOP-BrentAtkinson.pdf 

http://www.deseretnews.com/article/771963/LDS-bishop-sians-diversion-in-child-abuse- 

reportina-case.html 

05/05/00 Utah 

LDS James Denos a bishop in the LDS church was "sentenced to a minimum of 20 years 
in prison after pleading guilty in October to four counts of aggravated child sexual abuse in 
a Utah District Court. The ruling Friday by Utah Third District Court Judge Timothy R. 

Hanson sentenced James Denos, 73, to a minimum 20 years in a Utah state prison for 
sexually abusing four of his granddaughters living in Utah. Although the charges deal only 
with abuses that occurred in Utah, family members say that Denos did molest the girls when 
they visited him in Huntington Beach. The Huntington Beach Police Department is 
conducting its own investigation, but authorities could not give any further details. The 
family has identified 17 alleged victims. Denos' son Ray claims his father molested his 
first known victim 50 years ago. 

"They're mostly girls between the ages of 3 and 11 and we're concerned because there 
could be a lot more victims in his church." Gilliland said. 

Denos is a retired Long Beach junior high school teacher and the former bishop of the 


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Church of Jesus Christ of Latter-day Saints in Westminster. "Denos abused girls in both the 
state of Utah and California.” 

DENOS-James Denos.pdf 

http://articles.hbindependent.com/2002-01-17/news/export8186 1 molestation-utah- state- 

prison-huntinatonbeach-police- department 

Also see THE SALT LAKE TRIBUNE Salt Lake City, Utah 

Man Sentenced To Up to Life For Molestation 

Saturday, January 12, 2002 BY STEPHEN HUNTJames E. Demos, right, appears before 

3rd District Judge Timothy Hanson 

05/17/17 Sandy, Utah 

LDS BISHOP David Maxwell “was originally charged with failure to report, a class B 
misdemeanor, for not coming to police in December 1999 when he learned about the 
alleged sexual assault of a 15-year-old girl. Maxwell waited until February to contact police 
after the girl also disclosed the information to an LDS seminary teacher, who then spoke 
with Maxwell, according to a Sandy police report. The boy who allegedly committed the 
assault faces charges in juvenile court.” 

"We have every reason to believe that Bishop Maxwell handled this situation properly, in full 
accordance with Utah law and church policy," said LDS Church attorney Von G. Keetch in a 
statement. "We expect him to be exonerated by the judicial process." 

According to the report, Maxwell learned of the rape in December. He then interviewed the 
victim at least three times and also spoke with the boy involved. The police report states 
Maxwell told police he sought other church leaders and the LDS Confidential Offices for 
legal advice. "Maxwell said he was informed that his obligation was to not report," according 
to the police report.” 

LDS BISHOP David Maxwell alleged Failure to report 2.pdf 
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report. html?pa=all 

08/16/00 Buenos Aires, 

Argentina 

LDS Miguel Angel Michel was “accused of sexually molesting 3 children ages 5-8 years by 
the victims. He was an active member of the LDS Church in the Derqui neighborhood. "The 
testimony of two children 18 and 19 years of La Alborada neighborhood complained to the 
Justice that have been sexually abused as children by a Mormon neighbor of President 
Derqui same neighborhood, were enough for other evidence pointing to the same subject 
come out to the light. 

In the last hours, a 36-year Derqui center reportedly confessed that the man, identified as 
Miguel Angel Michel, 58, had abused her when she was 4. " 

MICHEL-Miguel Angel Michel.pdf 

http://pilaradiario.com/noticias/Las-jovenes-que-denunciaron-al-mormon-fueron-sometidas- 

apericias 31795 

03/19/01 Utah 

In Franco v. The Church of Jesus Christ of Latter-day Saints, 21 P.3d 198 (2001) 

416 Utah Adv. Rep. 32, 2001 UT 25 “Former church member and her parents brought 
action against church and its leaders for clerical malpractice, gross negligence, negligent 
infliction of emotional distress, breach of fiduciary duty, intentional infliction of emotional 
distress, and fraud, resulting from members of church allegedly ostracizing and denigrating 
member with acquiescence of church leaders after she reported incidents of sexual abuse 
to the police. The District Court, Salt Lake Department, J. Dennis Frederick , J., dismissed 
plaintiffs' claims. Plaintiffs appealed. The Supreme Court, Russon .Associate Chief Justice, 
held that: 

(1) claims for gross negligence, negligent infliction of emotional distress, and breach of 
fiduciary duty were barred by First Amendment; 

(2) member failed to establish cause of action for intentional infliction of emotional distress; 
and 

(3) member failed to establish fraud claim against church and its leaders. The Court 

Affirmed the decision of the lower court. 


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BACKGROUND: 

Beginning in July 1986, seven-year-old Lynette Earl Franco was sexually abused by 
fourteen-year-old Jason Strong (“Strong”). At the time the abuse occurred, both Franco and 
Strong were members of the same local ward of the LDS Church. The sexual abuse 
perpetrated against Franco was so extreme that she repressed the memory of the abuse 
until 1992, when she was fourteen years old. Upon recalling these incidents, Franco and 
her parents sought ecclesiastical counseling from the bishop of their local LDS Church 
ward, Dennis Casaday (“Casaday”), and from their LDS Church stake president, David *201 
Christensen(“Christensen”). During these ecclesiastical counseling sessions, Casaday and 
Christensen advised Franco to “forgive, forget, and seek Atonement.” Moreover, at some 
point in the process of the ecclesiastical counseling, Franco determined that she needed 
additional help and therefore asked Casaday and Christensen to refer her to a licensed 
mental health professional. 

In accordance with this request, Casaday and Christensen referred Franco and her parents 
to Dr. Paul Browning (“Browning”), allegedly stating that Browning was “well qualified to help 
them.” Browning was employed by the Bountiful Mental Health Center, where he worked 
under Craig Berthold (“Berthold”), a licensed clinical social worker. On his business card, 
Browning held himself out as practicing “Individual, Marital, and Family Counseling,” under 
the heading of “General Psychiatry.” However, Browning was not a licensed mental health 
professional in the state of Utah. Upon receiving the referral from Casaday and 
Christensen, Browning counseled with Franco and her parents at the Bountiful Mental 
Health Center, advising Franco to forgive Strong and forget the incidents of sexual abuse 
rather than to inform the police. Finding Browning's advice unsatisfactory, Franco and her 
parents sought advice from another secular counselor, who then reported the incidents of 
sexual abuse to the police. After the incidents of sexual abuse were reported to the police, 

Franco alleged that she was “ostracized and denigrated” by the members of her local LDS 
Church ward, with the acquiescence of Casaday and Christensen, and therefore withdrew 
from the LDS Church. 


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If 4 Based on the above-described allegations, Franco asserted six claims against the LDS 
Church Defendants, 6 all in tort: (1) clerical malpractice; (2) gross negligence; (3) negligent 
infliction of emotional distress; (4) breach of fiduciary duty; (5) intentional infliction of 
emotional distress; and (6) fraud. On April 18, 1997, Franco voluntarily dismissed her case, 
and she refiled it on April 4, 1998, asserting the same claims. 

If 5 The LDS Church Defendants did not file an answer to Franco's complaint but moved to 
dismiss under rule 12(b) 

(6) of the Utah Rules of Civil Procedure . In their motion, the LDS Church Defendants 
argued that as a matter of law, Franco could not recover under any of her theories. 
Specifically, the LDS Church Defendants contended that a determination of Franco's claims 
would necessarily implicate an excessive governmental entanglement with religion because 
resolution of the claims would require the courts to impose a secular duty of care on 
pastoral counselors and therefore the claims were barred by the First Amendment to the 
United States Constitution. The LDS Church Defendants further contended that even if 
Franco's claims were not barred by the First Amendment, her fraud and emotional distress 
claims failed as a matter of Utah law. 

If 6 In response, Franco argued that her tort claims did not require an inquiry into the LDS 
Church's religious doctrines, practices, or beliefs and therefore the First Amendment was 
inapplicable. Moreover, Franco argued that she had sufficiently stated claims for fraud and 
emotional distress under Utah law. 

If 7 On October 13, 1998, the trial court issued a memorandum decision 7 dismissing 
Franco's tort claims against the LDS Church Defendants. The trial court held that each of 
Franco's tort claims was based on allegations that the LDS Church Defendants (1 ) 
counseled with Franco in an ecclesiastical setting and (2) recommended Browning as 
someone whom Franco might consult for further counseling and that, by doing so, the LDS 
Church Defendants departed from accepted *202 practices in the services rendered. In light 
of these allegations, the trial court concluded that Franco's claims were essentially asking 
the court to impose a secular duty of care on pastoral counselors in the performance of their 
ecclesiastical counseling duties, which the trial court concluded was prohibited by the First 
Amendment to the United States Constitution. In addition, the trial court held that there were 


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no allegations that the LDS Church Defendants “had any indication their conduct might 
cause bodily harm or that they engaged in conduct of such a nature as to be considered 
outrageous and intolerable” and therefore any claims for negligent or intentional infliction of 
emotional distress failed as a matter of law. 

If 8 On December 23, 1998, Franco appealed to this court. Franco argues that the trial court 
erred in holding that her claims for gross negligence, negligent infliction of emotional 
distress, breach of fiduciary duty, intentional infliction of emotional distress, and fraud are 
barred by the First Amendment. Specifically, Franco argues that her tort claims do not 
require an inquiry into the LDS Church's practices or religious beliefs and therefore the First 
Amendment does not offer the LDS Church Defendants any protection from her claims. 
Franco does not argue on appeal, however, that the trial court erred in its determination that 
her claim for clerical malpractice was barred by the First Amendment. 

U 9 In response, the LDS Church Defendants argue that the essence of Franco's claims, 
like her clerical malpractice claim, was that the clergymen failed to properly perform their 
ecclesiastical counseling duties and that based on these allegations, the trial court correctly 
dismissed the claims under the First Amendment. Moreover, the LDS Church Defendants 
argue that Franco's claims for fraud, gross negligence, and negligent and intentional 
infliction of emotional distress fail as a matter of Utah law.” 

STANDARD OF REVIEW 

Franco v. The Church of Jesus Christ of Latter-day Saints, 21 P.3d 198 (2001) 

416 Utah Adv. Rep. 32, 2001 UT 25 

© 2017 Thomson Reuters. No claim to original U.S. Government Works. 6” 

Franco v The Church of Jesus Christ of Latter-day Saints 21 P3d 1 98 MARCH 2001 416 
Utah Adv Rep 32 2001 UT 25.pdf Copy in my possession 
http://caselaw.findlaw.eom/ut-supreme-court/1 27001 5.html 

07/19/01 California 

LDS Michael Scott Woodbury originally faced 30 felony counts of lewd acts with a minor 
but because of the legality of using taped phone calls as evidence the counts were reduced. 
"Woodbury, who is a lawyer, met the boys when he served as Young Men's President in 


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the Rosemont Ward of the Church of Jesus Christ of Latter-day Saints, authorities said. He 
worked with male church members 12-19 years old," according to the Associated Press 
Article. 

WOODBURY-Michael Scott Woodbury.pdf 

http://culteducation.com/aroup/1057-the-mormonchurch/13863-former-mormon-vouth- 

counselor-sentenced-tosix-months-in-prison.html 

Former Mormon youth counselor sentenced to six months in prison ASSOCIATED PRESS 
January 3, 2006 

09/14/01 Provo, Utah 

LDS Brad Gale, was charged in the sexual abuse of a 15-year-old boy, “with forcible 
sodomy and forcible sexual abuse. Brad Gale, is the owner of Gale's Office Supply and 

Books in Roosevelt and Vernal. Gale, is already facing 33 felony charges in Duchesne 
County accusing him of sexually abusing the same teen over a five-year period. Court 
records in the case state that some of the abuse occurred in the back room of Gale's 
Roosevelt store, which sells scriptures and books by LDS authors.” 

3 charged in abuse of boy By Geoff Liesik For the Deseret Morning News 

Thursday, Sept. 14 2006 

http://www.deseretnews.com/article/print/645201374/3-charaed-in-abuse-of-bov.html 

GALE-Brad Gale.pdf 

Gale will serve “15 years in federal prison for photographing a teenage boy engaging in 
sexual acts” 

“Investigators say Gale sexually abused the 14-year-old boy for years. His alleged offenses 
included mailing nude and semi-nude pictures of the boy to another man and also offering 
him up as a sex partner.” 

“Gale could spend time behind bars beyond the 15 years. He is slated to be sentenced 


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March 29 in Roosevelt's 8th District Court, where he pleaded guilty last month to four first- 
degree felonies in connection with sexually abusing the boy.” 

Duchesne Co. businessman gets 15 years for child porn By Pamela Manson The Salt Lake 
Tribune 

http://archive.sltrib.com/storv.php?ref=/news/ci 5186300 

GALE-Brad Gale 2.pdf 

11/09/01 South Jordan, 

Utah 

LDS Andrew James Gwilliam was arrested for allegedly sexually abusing “two 14-year-old 
girls who claim they were abducted off the street by three men, taken to a hotel and 
sexually assaulted.” He was arrested and booked into the Salt Lake County Jail for 
investigation of two counts of kidnapping, two counts of forcible sexual abuse and two 
counts of violating parole, according to a Salt Lake County Jail report.” 

In 2003, Gwilliam was convicted and sentenced to a total of 10-years-to-life for 
“kidnapping six young girls and young women in Sandy and is already on the sex offender 
registry after having served time at the Utah State Prison.” 

“He was released in January of 2012 and is currently listed on the state sex offender 
registry.” 

“Police say he found the six victims in 2001 and 2002 — ranging in age from 12 to 20 — 
while they were walking home from a friend's house or church, riding a scooter in the case 
of the 1 2-year-old, or getting out of a car when he forced them either at gunpoint or 
knifepoint into his vehicle. Prosecutors in 2003 said all six feared they would be raped or 
killed.” 

“He noted Monday, however, that the two girls had not been cooperative with police since 
their initial contact. It was unclear Tuesday what circumstances changed that caused 
detectives to no longer investigate the incident as a kidnapping and no longer believe three 
men were involved. 


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The case has not yet been turned over to the Salt Lake County District Attorney's Office and 
no official criminal charges have been filed against Gwilliam.” 

GWILLIAM-Andrew James Gwilliam 2.docx 
https://www.ksl.com/?sid=37300987&nid=148 

Convicted kidnapper now accused of abducting 2 teens 

By Pat Reavy | Posted Nov 9th, 2015 @ 10:34pm 

12/20/01 California 

LDS Donald Mark Blanchard was convicted of two counts of lewd and lascivious acts with 
a child under 14 (criminal record). Attorney Breinholt stated, "Of course the Brethren in 

Salt Lake knew about these cases." (The Growing Mormon Sex Abuse Scandal, September 
23, 2009 by Jeff Breinholt) Blanchard appealed the conviction but the Appellate court 
"rejected the defendant's claim of cumulative error and affirmed the judgement. " 

BLANCHARD-Donald Mark Blanchard People v Blanchard.pdf Copy in my possession. 
http://www.mormonmatters.ora/2009/09/23/the-arowina-mormon-sex-abuse-scandal/ 

06/05/02 Utah 

LDS George Tilson was in the court again for having abused yet another child, “a Salt 

Lake County woman, claims Tilson, a convicted sex offender, sexually abused her in 1976 
and molested her 5-year-old son nearly two decades later. LDS Church leaders allegedly 
knew of the abuse, but failed to report it to the proper authorities.” A lawsuit was filed 
against the LDS church.” “Tuesday's 15-page filing describes Tilson as a "dangerous serial 
predatory pedophile" who sexually abused at least 11 underage members of his Salt Lake 
County LDS ward from 1963 to 1996, when he was convicted of abusing an 11 -year-old girl 
in his hot tub. He served six months in jail after pleading guilty to attempted sexual abuse of 
a child, a third-degree felony.” “Parents of Tilson's victims allegedly reported the abuse to 
various church leaders, including a Young Women's president, a stake president, a bishop 
and a stake high council member. But rather than report the abuse, the suit states, LDS 


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church officials continued Tilson's church appointments and allowed him to serve as a Boy 
Scout leader.” 

TILSON-George Tilson 5.pdf 

http://www.deseretnews.com/article/917911/Lawver-readv-to-fiaht-LDS.html 


10/17/02 Texas 

LDS Eustacio Munioz was alleged to have sexually assaulted a 14 year old boy.The 
victim, now an adult, filed a lawsuit against the COP and won the case. The church 
appealed and that appeal can be found in this document on October 10, 2013. 

“In his original petition” to the court, Doe asserted that Eustacio Munioz sexually assaulted 
him on numerous occasions from 2002, when he was fourteen years old, through 2009, 
when he was twenty-one. Doe alleged that Munioz committed an intentional tort and that 
the Church was vicariously liability for the acts of Munioz, who Doe claimed was the 

Church's employee or agent at that time. Doe alleged that the Church was directly liable for, 
among other things, negligently hiring, training, retaining, and supervising Munioz when 
they knew or should have known of his dangerous propensities. Doe also claimed in his first 
amended petition that Munioz coerced and threatened him with reports of criminal 
prosecution if he reported the assaults or otherwise made a claim.” 

MUNIOZ-Eustacio Munioz COP v John DOE Appellee No 1 3-1 3-00463-CV 2.pdf 
https://www.courtlistener.com/opinion/3088008/the-corporation-of-the-president-of-the- 

church-of-jesus-christ-of/ 

10/26/02 Calgary, Canada 

LDS Pierson was accused of several sexual abuse allegations. "The Church of Jesus Christ 
of Latter Day Saints has excommunicated a long-time high-ranking member in the wake of 
multiple allegations of sexual abuse and a police probe, The Sun has learned.... Pierson, a 
Patriarch with the Church of Jesus Christ of Latter Day Saints in Calgary, is being 
investigated by police over allegations he has had inappropriate sexual contact with young 
males in the church. Patriarchs are high-ranking church elders who can bless congregation 
members. ...In 1973, Snelling, now 57, says he complained to his stake president - similar to 


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an archbishop - of the Mormon church in Edmonton that Pierson had fondled his genitals. 
That individual has since died. "(The Stake president) swept it under the rug," Snelling 
said..." 

http://www.canoe.com/EdmontonNews/es.es-10-26-0008.html 

https://www. mail-archive, com/ctrl® listserv.aol.com/msa97853.html 

From L Moss Sharman 

Church Shocker Mormon Leader Excommunicated 
by Kevin Connor, 

Edmonton Sun 10/26/02 

PIERSON-Pierson-a Patriarch with LDS.pdf 
https://ritualabuse.us/2008/10/issue-48-ianuarv-2003/ 

01/01/03 Arizona 

Victim Brian Poe, reported that "the LDS Church failed to report an LDS married woman 
who abused him as a teen. The victim states that despite assurances of handling the issue 
from two different LDS bishops neither one reported the pedophile." 

VICTIM-Brian.pdf 

http://www.kpho.com/storv/16146484/2-alleaed-sexual-abusevictims-sav-their-church- 

leaders-failed-to-report-abuse-topolice 

2 alleged sexual abuse victims say church leaders failed to report abuse 

Posted: Nov 29, 2011 2:15 PM EST Tuesday, February 28, 2012 12:56 PM EST By Tammy Leitner 
PHOENIX (CBS5) 

01/01/03 Syracuse, Utah 

LDS Aaron Marcos Montoya "primary teacher" molested six different victims ages 3-11 . 
Some of the children were molested during Primary Class at the LDS Church. Montoya 
pleads guilty. "Montoya was found "guilty of four counts of aggravated sexual abuse of a 
child." " Montoya has subsequently pled guilty to additional charges involving the sexual 


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molestation of six different victims ranging in age from three to eleven." 

MONTOYA-Aaron Marcos Montoya 2.pdf (and pdfs 1-4) 
http://www.deseretnews.com/article/635155625/Ex-LDS-primarv-teacher-aets- 

anothersentence.html?pa=all 

http://diaitalcommons.law.bvu.edU/lawreview/vol2006/iss2/6/ 

Predator in the Primary: Applying the Tort of Negligent Hiring to Volunteers in Religious 
Organizations BYU Law 

http://www.ksl. com/?nid=148&sid= 12071 2 

http://archive.sltrib.com/storv.php?ref=/utah/ci 2964932 

Girl takes stand, alleges sex abuse LDS ex-teacher: Child says she was "mad"; defense 
says he didn't do it By Elizabeth Neff The Salt Lake Tribune Salt Lake Tribune 

02/04/03 Illinois 

LDS Mark Thomas molested a 4-year-old girls while the parents were worshipping at a 
Nauvoo temple the plaintiff says and therefore is suing the LDS Church for "the 
circumstances it alleges led to the sexual assault." "The suit accuses the Church of 
knowing Thomas' prior criminal acts of sexual assaults, but then reinstated his status within 
the church after excommunicating him." "The suit alleges that the Illinois Department of 
Children and Family Services uncovered the fact that Thomas had sexually assaulted the 
girl back in 2002." 

THOMAS-Mark Thomas 1 .pdf 

https://www.culteducation.com/aroup/1057-the-mormon-church/13792-familv-sues-mormon- 

church.html 

03/11/03 California 

LDS Grant 0. an 18 year old had repeated sexually assaulted his younger sisters "The 
older sister reported that her father was sexually molesting her and two younger sisters. 


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The youth leaders reported that Grant had been disciplined by the Church for touching his 
younger sister B.O. in a sexual manner. The probation officer found that Grant was 
developing a pattern of sexual molestation, which had not been addressed or deterred.” "0" 
GRANT-Grant 0 (juvenile) AND THE PEOPLE v Grant 0 (perpetrator). pdf 

Court of Appeal, Fifth District, California. In re GRANT 0., a Person Coming Under the 
Juvenile Court Law. The People, Plaintiff and Respondent, v. Grant O., Defendant and 
Appellant. No. F044271. | (Super.Ct.No. JW101358-00). | Oct. 7, 2004. 2004 WL 2251747 
Copy in my possession. 

05/05/03 Las Vegas, 

Nevada 

LDS Robert Stevenson "is arrested on July 16th, 2003 on charges that he molested an 8 
year old boy. The day after the arrest, police detectives went to Stevenson's home and 
asked his wife, Cindy, for permission to seize two computers. "It was during this time that 

Mrs. Stevenson informed (detectives) that LDS church elders had contacted her earlier and 
requested that they be able to look into the contents of the same computers," a detective 
wrote in a police report obtained by the Review-Journal." When police interviewed 

Stevenson in July, he said someone had reported to his church bishop, Mark Garnett that 
they felt uncomfortable about the way Stevenson was acting around young boys. He said 
this report was lodged prior to the incidents in which he has been charged. Stevenson told 
police the report to the bishop did not contain an allegation of actual sexual abuse, but 
rather was an allegation of inappropriate contact or hugging of children." 

STEVENSON-Robert Stevenson.pdf 

Thursday, October 23, 2003 Copyright© Las Vegas Review-Journal 

TEACHER CHARGED: Suspect's computer examined 

Mormon Church officials admit checking files, say they sought to identify abuse 
victims By GLENN PUIT REVIEW-JOURNAL copy in my possession 

05/07/03 Abbotsford, 

Canada 

LDS Robert Tanner Cervo was charged with four sex offenses. He has been charged with 
touching a person under the age of 14 for sexual purposes, sexual assault, and two counts 


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of sexual exploitation. 

CERVO-Robert Tanner Cervo.docx 

http://www2. Canada. com/theprovince/news/story.html?id=b8a8b824-4ec7- 49c5-a045- 

562336f508a5 


Tanner Cervo, 36, 8th grade teacher at Chief Dan George Middle School, Abbotsford 
School District, Abbotsford, British Columbia, Canada, "charged with sexual offenses 
involving an underage girl", victim under 14. 

Also serves as youth pastor at The Church of Jesus Christ of Latter-day Saints, Abbotsford, 
British Columbia, Canada 

http://www.iheartmyteacher.org/index.php7threads/tanner-cervo-abbotsford-british- 

columbia-canada-charqed-april-2013.1731/ 

Cervo, a married father of four, is also a referee for high-level university basketball and has 
coordinated youth basketball camps. 

http://www.abbynews.com/news/abbotsford-teacher-faces-four-sex-offence-charges/ 


06 / 27/03 


Texas 


LDS Horacio Muniz a church youth group leader is arrested and charged with aggravated 
sexual assault of a child. Two additional allegations were also being investigated. Police 
believe there are more victims. 


MUNIZ-Horacio Muniz.pdf 

http://www.brownsvilleherald.eom/news/valley/artide_03af5029-87bd-5a85-a5fc- 

2aba9dcc5356.html 

More accusations: Church leader faces additional claims of abuse 

By MADELINE BUCKLEY/The Brownsville Herald | Posted: Tuesday, October 18,2011 

12:00 am 


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10/08/03 Nevada 

LDS John Misseldine was accused of molesting two children. Misseldine was a 
missionary and he told authorities. "His church advised him not to speak with the police 
without an attorney present. The victims were ages 7 and 4 and the molestation took place 
at a "Las Vegas Valley church." "According to police reports, Misseldine told officers he had 
a similar legal problem in Virginia. The suspect did not elaborate other than to say that the 
charges in Virginia were dropped and that the Mormon Church knew about the prior 
accusations, according to Las Vegas police reports." "A Las Vegas Valley woman told 
detectives she took her two nieces, ages 7 and 4, and a third girl, age 2, to a Mormon 
church at 1775 N. Christy Lane. It is there that Misseldine molested the girls. When the 

Aunt was told by the girls what Misseldine did to them she 'returned to the church and told 
an official of the conversation with the children'. "She was not getting any satisfaction, so 
she called the police," the report said." 

MISSELDINE-John Misseldine.pdf 

Ex-missionary sentenced By Ken Ritter Associated Press Published: Saturday, Jan. 5 2008 
12:28 a.m. MST 

http://www.deseretnews. com/article/695241 544/Ex-missionarv-sentenced.html?pa=all 


01/01/04 Washington 

“JANE DOE” (a pseudonym) and MichaelF. Osborne, on behalf of “Rebecca 

Doe” (a pseudonym), Respondents, v. The CORPORATION OF THE PRESIDENT OF 
THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, and “John Roe” (a 
pseudonym), Appellants. No. 52452-6-1. June 1, 

“Church disciplinary action concerning abuse- The Superior Court, King County, Richard F. 
McDermott , J., ordered disclosure of report. Father and church appealed. Holdings: The 
Court of Appeals, Schindler , J., held that: [1 ] participants in disciplinary proceeding were 
ordained clergy, and thus clergy-penitent privilege protected report from disclosure, and [2] 
neither father's agreement to allow previous confession to be used in church disciplinary 
proceeding, nor confidential recording and transmission of report to church authorities 


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effected waiver of father's right to assert privilege. Reversed and remanded.” 

Jane Doe & Rebecca Doe v COP 122 Wash App 556 June 2004.pdf 

04/03/04 Utah 

LDS Michael Driggs was charged with “sexual abuse of a 12 year old child he met at the 
LDS Church. This pedophile was convicted in 1985 of child sex abuse and in the past while 
serving an LDS mission in Brazil. He was arrested and charged with on first-degree felony 
counts of sodomy on a child and aggravated sexual abuse of a child, and a third-degree 
felony count of dealing harmful material to a minor. Court records show that Driggs had 
been previously convicted of sexual conduct with a minor in Maricopa County, Ariz., and 
was a registered sex offender as a result." 

DRIGGS-Michael Driggs 1.pdf 

http://www.deseretnews.com/article/865579560/Man-charaed-with-sexuallv-assaultina-bov- 

he-met-at-church.html?pa=all 

http://archive.sltrib.com/storv.php?ref=/sltrib/news/56274733-78/dria 

04/15/04 Oregon 

LDS Keith McMullin was sentenced to “25 years in prison for 10 counts of first degree 
rape, 10 counts of sexual abuse and two counts of sodomy. The child was 5 years old child 
when the abuse began. McMullin declined to make a statement during the sentencing, 
which was attended by about 35 of his supporters, many from his church." 

MCMULLIN-Keith McMullin.pdf 

http://bloa.oreaonlive.com/milwaukie news/print.htmlentrv=/2013/02/milwaukie foster pare 

nt senten.html 

05/11/04 Tennessee 

LDS Jeffery Brian Parks "pled guilty to two counts of sexual battery by an authority figure, 
two counts of incest and two counts of statutory rape of a 15 year old." Parks, stated that 
he was a member of the Church of Jesus Christ of Latter-day Saints." 


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PARKS-Jeffery Brian parks.pdf 

Court of Criminal Appeals of Tennessee, 

at Nashville. STATE of Tennessee v. Jeffery Brian PARKS. No. M2003-02002-CCA-R3-CD. | 
Assigned on Briefs May 11, 2004. | Aug. 30, 2004. 2004 WL 1936404 

05/18/04 Utah 

Doe v. The Corporation of the President of the Church of Jesus Christ of Latter- Day 
Saints, 98 P.3d 429 (Utah App. 2004) 

“Utah had only one civil case involving Mormon sex abuse, and it was quickly dismissed, 
based on the notion that the Church had no duty to warn”. 

The Growing Mormon Sex Abuse Scandal by Jeff Breinholt • September 23, 2009 
http://mormonmatters.ora/2009/09/23/the-arowina-mormon-sex-abuse-scandal/ 

Doe v. The Corporation of the President of the Church of Jesus Christ of Latter- Day Saints, 
98 P.3d 429 (Utah App. 2004) 2.docx 

“With regard to civil liability for failure to report child abuse, Utah Courts that have refused to 
permit victims of child abuse to sue mandatory reporters who failed to report the abuse: 

The ruling in Doe v. The Corporation of the President of the Church of Jesus Christ of 

Latter- Day Saints, 98 P.3d 429 (Utah App. 2004) is as follows: 

"when a statute makes certain acts unlawful and provides criminal penalties for such acts, 
but does not specifically provide for a private right of action, we generally will not create 
such a private right of action". 

There are other states who have ruled in this way 

http://www.churchlawandtax.com/cltr/2009/mav-june/civil-liabilitv-for-failina-to-report-child- 

abuse.html 


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06/10/04 California 

LDS Craig Allen Harward, "pled guilty and was sentenced to 14 years in prison for lewd 
and lascivious acts on four children spanning a six year period. He was a secretary in the 
Bishopric 

HARWARD-Craig Allen Harward The People v.pdf 

The PEOPLE, Plaintiff and Respondent, v.Craig Allen HARWARD, Defendant and 

Appellant. No. H026754. | (Santa Clara CountySuper. Ct. No. CC256862). | June 10, 2004. 
2004 WL 1282850 

06/20/04 Idaho 

LDS Clayton R. Hildreth, a Stake President, was arrested for allegedly soliciting sex with 
a 14 year old girl. He claimed to have had sex with other girls. He "allegedly corresponded 
with Boise police detectives over the internet in an online chat room. The detectives posed 
as a 14-year-old girl. Over that time, Hildreth allegedly sent explicit videos of himself and 
claimed to have had sexual relations with other girls. Hildreth is married and has five 
children." 

HILDRETH-Clayton Hildreth 2.pdf 

http://mtstandard.com/news/state-and-reaional/mormon-officialarrested/article 8c05402a- 

af18-5a8c-af55-a8756d68a27c.html 

http://mtstandard.com/news/state-and-reaional/mormon-officialarrested/article 8c05402a- 

af18-5a8c-af55-a8756d68a27c.html 

06/25/04 California 

LDS Frank Arthur Lind was sentenced to 30 years to life and had had a previous 
conviction with resulting prison sentence for molesting a child, "in approximately June of 
2000, when Jacob was 13 years old" Lind began molesting him. "He had molested two boys 
and was a registered sex offender." The mother of the victim stated that "she had spoken to 
her bishop, her therapist and her child and stated that her church believed in giving people 
second chances." "Paul Petrich is a bishop at the Church of Jesus Christ of Latter Day 
Saints. He stated he met appellant in 2000 through Gary and Shirley (the victim's parents) 


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Before appellant was baptized into the church, Shirley told Petrich about appellant's prior 
convictions. He spoke with appellant about his past and noted that appellant appeared to 
accept responsibility for his prior crimes. Petrich stated that Appellant was remorseful for 
what he had done. Appellant was a good member of the church." 

LIND-Frank Arthur Lind The People v.pdf 

Court of Appeal, Fifth District, California. 

The PEOPLE, Plaintiff and Respondent, v.Frank Arthur LIND, Defendant and Appellant. No. 
F042447. | (Super.Ct.No.662 171 -8). | June 25, 2004. 2004 WL 1427134 

08/19/04 Utah 

98 P.3d 429 (2004) 2004 UT App 274 Jane DOE (a pseudonym), individually and as 
parent and guardian ad litem of John Doe (pseudonym), a minor, Plaintiffs and 
Appellants, v.The CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS 
CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole; and George K. Tilson, 
Defendants and Appellee. No. 20030511 -CA.This case was dismissed because the 

Statute of Limitations expired and the Plaintiff appealed the decision to Court of Appeals of 
Utah from which excerpts follow: 

Court of Appeals of Utah. 

August 19, 2004. 

Before Judges DAVIS, GREENWOOD, and THORNE. 

OPINION 

GREENWOOD, Judge: 

“If 1 Plaintiffs Jane Doe (Jane) and John Doe (John) appeal from the trial court's order 
dismissing their negligence claims against the Corporation of the President of The Church 
of Jesus Christ of Latter-day Saints (COP or the Church) on the basis that Jane's claim was 
untimely and John's claim was statutorily barred. We affirm. 


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430*430 BACKGROUNDS ] 

U 2 For many years, Jane and her son John were members of the Church and regularly 
attended a ward in the Salt Lake Holladay Stake. [2] George Tilson was also a member of 
the Church, and held the positions of "High Priest"[3] and scout leader within the Church. 

If 3 Beginning in 1966 and continuing through 2002, COP received several complaints from 
its 

members that Tilson was sexually abusing children within his ward. [4] However, COP not 
only failed to do anything in response to these complaints, it actively concealed Tilson's 
sexual abuse from its members and secular authorities. Moreover, COP allowed Tilson to 
continue to hold the positions of High Priest and scout leader. 

If 4 Two of Tilson's victims during the time period that he was alleged to have engaged in 
child sexual abuse were Jane and John. In the summer of 1976, Tilson enticed Jane, who 
was then thirteen years old, into his home where he fondled her under her clothing. Tilson 
sexually abused John, Jane's son, some time between 1993 and 1996 when John was 
approximately five years old. John's abuse also occurred in Tilson's home after Tilson lured 
him away from a neighbor's yard where he was playing. 

If 5 In the fall of 2001 , Jane learned of news reports that led her to believe that COP had 
prior knowledge of Tilson's propensities to sexually abuse children. Jane's subsequent 
investigation of these reports ultimately prompted her to file a complaint in June of 2002 
against Tilson, alleging that he had sexually abused Jane and John, and against COP, 
alleging negligence, breach of fiduciary duty, and intentional infliction of emotional distress 
arising out of Tilson's alleged sexual abuse. In response, COP filed a motion to dismiss, 
pursuant to rule 12(b)(6) of the Utah Rules of Civil Procedure. Shortly 
thereafter, Plaintiffs filed a Notice of Constitutional Challenge to Utah Code Annotated 
section 78-12-25.1 (2002). 

If 6 On November 5, 2002, the trial court granted COP's motion to dismiss. The trial court 
dismissed Jane's negligence and breach of fiduciary duty claims on the basis that the 
applicable statute of limitations had run. The trial court dismissed John's negligence and 
breach of fiduciary duty claims on the basis that section 78-12-25.1(5) allows an action for 


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negligently permitting sexual abuse to be brought against only "a living person." The trial 
court dismissed Plaintiffs' claims for intentional infliction of emotional distress for the same 
reasons it dismissed their other claims, and also because their claims were prohibited under 
the Establishment Clause of the First Amendment to the United States Constitution. Finally, 
the trial court rejected John's claim that section 78-12-25.1(5) violated the open courts 
provision of the Utah Constitution because no special relationship existed between COP 
and John, and therefore, COP had no duty to protect John from Tilson. 

U 7 In response to the trial court's ruling, Plaintiffs filed an amended complaint. On May 5, 
2003, the trial court dismissed the amended complaint for the same reasons it had 
dismissed the original complaint. Plaintiffs timely filed their notice of appeal.” 

Jane Doe and John Doe v COP 98 P3d 429 2004 UT App 275.pdf 

09/28/04 Salt Lake, Utah 

LDS Spencer Dixon, "was once a Mormon bishop." "he allegedly molested a 13-year-old 
girl in a Salt Lake City church library." He was charged with "first-degree felony aggravated 
sexual abuse of a child." "The Mormon Church has had serious problems concerning 
sexual abuse in recent years and has been sued regarding its handling of such matters. 
According to the plaintiffs the church did not take proper action when leaders were 
confronted with such situations. DIXON-Spencer Dixon.pdf 

According to the following article, Dixon was exonerated, but in closing arguments District 
Attorney Parker said, “he touched her three times, and each time he placed his hand in a 
sensitive area.” 

"It's not a mistake. It's not a spasm of the arm. It's an intentional act," Parker said. "This 
man intended to cop a feel." Parker said Dixon was "flirting" with the girl. The first touch to 
the girl's buttocks was especially telling, Parker said, because of its placement in the center 
of her buttocks.” 

"There cannot be any rational purpose to touch a woman (like that) other than with sexual 


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intent," Parker said. "No reasonable person does that." 

http://www.deseretnews.com/article/520033368/Ex-bishop-is-cleared-of-abuse. html?pa=all 

http://culteducation.eom/group/1057-the-mormon-church/1 4404- 
former-mormon-bishop-busted, html 

12/14/04 Argentina 

LDS Alberto Reyes, a Bishop in the Church of Jesus Christ of Latter-day Saints was 
arrested and convicted of sexual assault of a nine year old girl. “This pedophile has a long 
history of child abuse against his own daughter who is now 23 and testified against him. 
"Reyes, preached in a chapel of Jose Leon Suarez, in the Buenos Aires province, was 
arrested and prosecuted for alleged sexual assault of a child under nine years." "He is also 
suspected of abusing another child who was 11 years old. "He was married for 15 years. 

The child was examined physically and specialist observed signs which were presumably a 
result of the abuse.” 

REYES-AlbertReyes-LDS Bishop.pdf 

http://www.clarin.com/ediciones-anteriores/detienen-procesan-obispo-mormon-supuesto- 

abuso-nena-iose-leon-suarez 0 BJsf1nckRYx.html 

03/14/05 Utah 

LDS Ronald Devere Hall was a Seminary teacher and Manti Pageant Director. The 
following is a narrative from the family victimized by this man. “In 1998 1 was told by my 
oldest teenage daughter that "Grandpa Hall" had been touching her for several years. 
Charges were filed (ST. George), went to trial (ST George), the entire Hall family perjured 
them-selves on the stand and of course, blamed me as a bitter ex-wife. Needless, to say 
with a jury of Mormons, were we really going to get a fair trial? Not at least the first time. 

Fast forward to approx. 2003 and he was again accused and charged with sexual abuse 
(Delta) with one of his granddaughters of his second oldest daughter. He was sent to prison 
for a number of years and on the Utah Registry for Sexual Offenders for a number of years 
as well.” 


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“If there is anyone out there who had contact with this man and never confided it to 
someone. ...please heed my advice and take care of your emotional well-being. Sexual 
abuse is prevalent in the church and it's just covered up by a facade of being a "good, 
temple worthy member". 

On March 14, 2005 Hall was convicted and sentenced for “SEXUAL ABUSE OF ACHILD- 
ATTEMPTED/3RD DEGREE.” http://www.sexoffenderrecord.com/offender/view/302653 
Molestation By Former Seminary Teacher/Pageant Director 

HALL-Ronald Devere Hall l.docx HALL-Ronald Devere Hall 2.docx 

04/24/05 Cardiff, Wales 

LDS Michael Davies “sexually abused 2 young girls under the age of 10. He pled guilty to 
13 sexual offenses. Using his priesthood in the LDS church he gained the trust of the girls. 
He had a history of lewd behavior with minors. "Police also discovered indecent images of 
children on Davies' home computer after they raided the home in Pant Glas Pentwyn 

Cardiff. He pled guilty to 13 sexual offenses against the two girls. Davies, "described 
himself to police as a "Mormon Priest' and gained the trust of the girls' parents, who allowed 
him to take them out on day trips.” 

DAVIES-Michael Davies.pdf 

http://www.walesonline.co.uk/news/wales-news/priest-jailed-for-sex-abuse-2386464 

07/30/05 Toronto, Canada 

LDS Melvin MacNeil, an Elder in the LDS Church, is accused of sexually assaulting an 8 
year old girl for over two years. Melvin MacNeil was active in Church and had regular 
access to children according to news article. "Police believe there could be more victims." 
"MacNeil was helping to coordinate missionary work in Toronto, and police say he had 
regular access to children at the church on Ossington, north of Bloor." "Melvin Macneil was 
active in his church and has regular access to children. If you are or were part of that 
church, you know who he is." 

MACNEIL-Melvin MacNeil.pdf 


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http://www.citvnews.ca/news/news 13318.aspx 

07/31/05 Arizona 

LDS Manuel Archibeque “molested his stepdaughter and on the very day the molestation 
took place, S. went to see David Snyder, a bishop in the Church of Jesus Christ of Latter- 
day Saints." Archibeque confessed to Snyder that he had molested L three times but that 
he still did not have any memory of touching S. Archibeque subsequently met with Snyder 
Several times "as a part of (the Church's) repentance process... to confess and try to 
unburden his soul and so repent." Snyder then advised Archibeque to trun himself in to the 
police, but he did not." 

ARCHIBEQUE-Manuel Archibeque ARCHIBEQUE v Lee.pdf 

Archibeque appealed Judge Lees ruling 

“If 7 Archibeque argues that the order denying his motion to suppress (“Judge Lee's order”) 
was incorrectly based on the trial court's belief that it was bound by the court's previous 
ruling on Snyder's motion for a protective order (“Judge Keppel's order”) under the 
principles of collateral estoppel. Archibeque argues that the proceedings in front of Judge 
Keppel did not involve Archibeque as a party and, accordingly, Archibeque was precluded 
from cross-examining witnesses and testifying himself 

If 12 Accordingly, given Archibeque's lack of ability to participate in the factual record relied 
upon by Judge Lee, it was error to hold that the privilege had either been waived or the 
alleged statements were outside the privilege. Because of our holding on this issue, we 
need not address the other arguments made by Archibeque and express no opinion as to 
them. 

If 13 We therefore reverse Judge Lee's ruling and remand for a new determination on the 
merits as to whether the clergy-communicant privilege should bar Snyder's testimony. 
Conclusion 

If 14 For the foregoing reasons, we vacate Judge Lee's order denying Archibeque's motion 
to suppress and remand for an evidentiary hearing.” 

Court of Appeals of Arizona, Division 1, Department A. Manuel ARCHIBEQUE, 
Petitioner, v. The Honorable Raymond P. LEE, Judge of the Superior Court Of The 

State Of Arizona, in and for the COUNTY OF MARICOPA, Respondent Judge, State Of 


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Arizona ex rel. Andrew P. Thomas, the Maricopa County Attorney, Real Party in 

Interest. No. 1 CA-SA 07-0125. | July 3, 2007. 

08/18/05 Mesa, Arizona 

LDS Chance Lee Ray 25, "was arrested last week and charged Tuesday with three counts 
of sexual conduct with a minor and one count of attempted sexual conduct with a minor.” 

“He is being held without bond at a Maricopa County jail. Ray had been a Boy Scout 

Varsity Scout leader four years.” 

“The Mormon congregation affiliated with the Mesa troop originally asked Ray to serve as a 
Scout leader. Once the congregation had made its recommendation, the scouting 
organization’s criminal background check on Ray turned up nothing, Dolberg said.” 

"When church leaders learned of these allegations, they encouraged the parents to report it 
to the proper authorities. The church is cooperating fully with the investigation." 

“Police said the 14-year-old victim told his parents last month that Ray had had sexual 
contact with him on multiple occasions over the past two years.” 

“Ray tried to keep the boy quiet by telling him about an alleged instance in which a girl 
reported she had been sexually abused, police said. Ray told the victim that others "treated 
her differently" when they learned she had been molested.” 

“When police questioned Ray on Aug. 5, he confessed to molesting the boy and 
acknowledged there was another victim" 

RAY-Chance Lee Ray.docx 

http://www.eastvallevtribune.com/local/mesa/article abe6bd57-a798-5fc6-95bf- 

4fc5fc2cc984.html 

Scout leader jailed in sex abuse August 18, 2005 11:13am Mike Branom 

09/01/05 Methuen, 

Massachusetts 

LDS Kevin Curlew sexually “assaulted a young boy at the Mormon Church in Methuen, 
Massachusetts. A lawsuit was brought against the church." 


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“The complaint alleges that the Church, located at 39 Hill Avenue, permitted a man with a 
criminal record including prior acts of sexual abuse to act as the Church's babysitter. Kevin 
Curlew was charged and convicted in the early 1980s in Maine of sexual assault on a child 
and served time in prison.” The Complaint further alleges that after the mother notified 

Church officials of the abuse, the officials, rather than immediately reporting the incident to 
the authorities as required by Massachusetts Law, attempted to silence the mother in order 
to avoid bad publicity. In order to protect the boy from further harm, the suit has been filed 
under the name John Doe." 

“The boy's mother, whose name is also kept confidential in order to protect her son's 
identity, stated, "1 brought this action only after it became came clear that the Church's 
concern was not with my son's welfare, but with protecting themselves from bad publicity." 

“A convert to Mormonism twenty years ago, the boy's mother left the Church after reporting 
the abuse to Church officials in the fall of 2005.” 

"1 was horrified that after 1 told the Church officials about the abuse, they still allowed the 
perpetrator free reign at the Church, and my son was terrified." The boy suffers from post 
traumatic stress disorder and is in therapy to help deal with the trauma." Curlew was 
sentenced to 9-10 years in prison. 

CURLEW-Kevin Curlew.pdf 

http://www.reuters.com/article/2008/05/14/idUS1 97505+1 4-Mav-2008+PRN2008051 4 

Mother of Sexually Abused Child Brings Suit Against Mormon Church PR Newswire 
Association/May 14, 2008 

09/07/05 California 

LDS Christopher Todd Hettinger was found guilty of “19 counts of sex crimes against 
minors. He sexually abused a 9 year old boy for 8 years according to court records. "He 
was found guilty of 19 counts of sex crimes against minors." "Both the defendant and the 
vicim's mother testified that they were members of the LDS church and met at the church. 


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The Mormon Church selected defendant to be the home teacher for the victims's families. 

Hettinger was sentenced to 30 years in prison and appealed on the grounds that the “trial 
court erred in providing the prosecution with records he subpoenaed from Jackson K.'s 
psychiatrist. Further, he argues the court erred in failing to instruct the jury with CALJIC No. 
2.40 that character evidence could raise a reasonable doubt as to his guilt. Defendant also 
contends the court erred in allowing testimony about Child Sexual Abuse Accommodation 
Syndrome (CSAAS) that exceeded the permissible scope of that testimony and in failing to 
instruct the jurors on the limited use for this testimony." 

But the appellate court affirmed the trial courts judgement and rejected Hettinger's claims. 

HETTINGER-Christopher Todd Hettinger The People v.pdf 

Court of Appeal, Third District, California. The PEOPLE, Plaintiff and Respondent, v. 
Christopher Todd HETTIGER, Defendant and Appellant. No. C046755. (Super.Ct.No. 
02F09970). Sept. 7, 2005. 2005 WL 2143640 (Cal.App. 3 Dist.) 

Copy in my possession 

09/12/05 Pleasant Grove, 

Utah 

LDS Andrew Bishop arrested for sexual abuse against children. “He had admitted that he 
sexually abused five individuals in 10 years. Reports state Bishop, 33, told officers he 
sexually abused his first victim nine years ago. The last victim was abused over the past 
eight months. He was booked into the Utah County Jail on suspicion of 85 separate first- 
degree felony counts for sodomy on a child and one second-degree felony count for 
aggravated sexual abuse of a child. "Bishop “self-reported sexual abuse of children to 
Pleasant Grove police after he was confronted by LDS church leaders who learned of the 
abuse from an alleged victim.” There is no information about how long it took for Andrew's 
LDS Bishop to convince him to "self report." 

BISHOP-Andrew Bishop.pdf Utah Man Faces 85 Counts of Child Sexual Abuse After Being 
Confronted by LDS Church Leaders By Izpro on September 14th, 2015 
http://www.cleravabusevictims.com/utah-man-faces-85-counts-of-child-sexual-abuse-after- 

beina-confronted-bv-lds-church-leaders/ 

http://kutv.com/news/local/pleasant-arove-man-charaed-with-7-counts-of-sexual-abuse-of-a- 


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child 

09/30/05 Australia 

LDS Joseph Carlton Atwater, "a man of high standing" in the LDS Church pled guilty to 
one count of stalking and one count of kidnapping involving two minors. He exposed 
himself; showed pornographic images and sketches to the children. "The former missionary 
sneaked into the teenagers' house at night without their parents' knowledge and entered the 
bedrooms of their younger siblings, the court was told." "Judge Campton said Atwater had 
the support of the Church of Jesus Christ of Latter Day Saints and said a bishop described 
him as "of high-standing in the church, devoted to his wife, family and grandchildren." 

ATWATER-Joseph Carlton Atwater.docx 
http://www.truthandarace.com/mormonpredator.htm 

http://www.news.com.aU/heraldsun/storv/0.21985.22765667-2862.00.html Mormon 

man stalked girl Herald Sun Kate Uebergang November 16, 2007 

01/17/06 Utah 

LDS John Baysden a former missionary “pled guilty to two counts of forcible sex abuse 
with minors. Baysden was serving in the Ogden Mission of the LDS Church.” 

BAYSDEN-John Baysden. docx 

http://www.ksl. com/index. php?sid=1 51 339&nid=481 

03/20/06 Washington 

In Fleming Kenneth et al v COP 2006 WL 691331 Washington 2006, the Church of Jesus 
Christ put a motion before the Court to grant a Summary Judgement and dismiss the case. 

“Introduction: 

*1 This matter comes before the Court on defendants' Motion for Summary Judgment 
pertaining to Washington's statute of limitations in abuse cases. (Dkt. 66). Defendants argue 
that plaintiff R.K.'s claims have long been barred under Washington's three-years statute 
of limitations because he had the knowledge and capacity to bring this lawsuit decades ago 
but chose not to do so. 1 Defendants further argue that plaintiff cannot meet his burden of 


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proof to toll the statute of limitations under Washington's discovery rule for abuse victims. 
Therefore, defendants ask the Court to grant summary judgment in their favor, and dismiss 
plaintiff's claims. In response, plaintiff argues that he does meet the elements of 
Washington's discovery rule for abuse victims, and therefore, the statute of limitations 
should be tolled. 

Plaintiff further argues that he at least raises a genuine issue of material fact as to whether 
he meets such elements. Plaintiff has also sought to toll the statute of limitations by 
asserting the affirmative defenses of equitable estoppeland fraudulent concealment. (Dkt. 
79). For the reasons set forth below, the Court agrees with plaintiff and DENIES defendants' 
motion for summary judgment. 

DISCUSSION: 

Background: 

This action arises from sexual abuse suffered by plaintiff at the hands of Jack LoHolt in the 
early to mid-1 970s. At that time, Mr. LoHolt was a member of the Mormon church in the 
Kent 2 nd Ward. Mr. LoHolt held several leadership positions within the church at various 
times throughout the 1970s. Plaintiff asserts several claims against the church and a related 
social service agency, including Negligence and Breach of Fiduciary Duty, Negligent 
Infliction of Emotional Distress, Estoppel and Fraudulent Concealment, and Civil 
Conspiracy. Plaintiff has not named Mr. LoHolt as a defendant in this action. In 1971, church 
member, and later Bishop, Richard Pettit informed the then-Bishop of the Kent 2nd Ward, 
Randall Borland, that Mr. LoHolt had abused his son while on a Boy Scout campout, at 
which Mr. LoHolt was the Scout leader. In late 1972 or early 1973, Bishop Borland received 
another complaint that Mr. LoHolt had sexually molested children in the church's Boy Scout 
program. Bishop Borland apparently confronted Mr. LoHolt, who denied the accusations, but 
admitted that he had been abusing three boys from the Allenbach family. During this time 
period, Mr. LoHolt had been residing in an apartment on the Allenbach property. Shortly 
after Mr. LoHolt's admission to Bishop Borland, Dr. Allenbach apparently learned of the 
abuse and asked Mr. LoHolt to vacate the premises. The record shows no evidence that 
anyone reported Mr. LoHolt to the authorities at that time. However, Bishop Borland 


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temporarily removed Mr. LoHolt from the Boy Scout program and referred him for sexual 
deviancy therapy at LDS Social Services. Mr. LoHolt apparently remained in therapy at LDS 
Social Services for one year, where, he 
asserts, he was truthful about his actions and behavior. 

There is nothing in the record to indicate that LDS Social Services ever reported Mr. LoHolt 
to the authorities. *2 After Mr. LoHolt's treatment ended, the Kent 2nd Ward allowed him to 
return to assisting with the Boy Scout program. Mr. LoHolt would supply transportation and 
would go on hikes and campouts with the boys. In October 1973, he was appointed as the 
Wards' AssistantVenturer Leader working with Scouts age 14-16. In February 1974, Mr. 
LoHolt became the lead Scoutmaster of the Kent 2 nd Ward. Mr. LoHolt admits that he 
continued to molest boys throughout this time period. In 1973, Phillip Coleman had become 
the Bishop of the Kent 2nd Ward. Bishop Borland did not advise him of the previous 
complaints about Mr. LoHolt. However, in 1974, Bishop Coleman learned that Mr. LoHolt 
was abusing children. The record shows no evidence that Bishop Coleman reported the 
allegations to the authorities, or removed Mr. LoHolt from his duties within the church.” 

Fleming Kenneth et al v COP 2006 WL 691331 Washington 2006.pdf 

Fleming v. Corporation of the President of the Church of..., Not Reported in... 

© 2017 Thomson Reuters. No claim to original U.S. Government Works. 2 

03/21/06 Washington 

The Church of Jesus Christ of Latter-day Saints again motions the court to grant 
Summary Judgement in Fleming v. Corporation of President of Church of Jesus 2006 
WL 753234 on the following 7 points: ( MARTINEZ, J.) 

“*1 This matter comes before the Court on defendants' Motion for Summary Judgment 
pertaining to the merits of plaintiff R.K.'s claims. 1 (Dkt. % 65). Defendants request 
summary judgment in their favor on: 

(1) plaintiffs claim based on a failure to report sexual abuse pursuant to RCW 26.44; 

(2) plaintiffs negligence/special relationship claim for lack of duty; 


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(3) plaintiffs claim for equitable estoppel and fraudulent concealment; 

(4) plaintiffs claim for negligent infliction of emotional distress; 

(5) plaintiffs civil conspiracy claim; 

(6) plaintiffs claim for sexual abuse that occurred prior to first notice to defendant 
Corporation of the President of the Church of Jesus Christ of Latter Day Saints (“COP”) in 
1972; and 

(7) plaintiffs claim for failure to prove proximate cause of damages caused by defendants' 
conduct. Defendants also seek a legal ruling on the issue of segregation of damages 
between intentional tortfeasors and negligent tortfeasors. In response, plaintiff argues that 
an implied right of action exists for violation of the mandatory reporting statute, a special 
relationship between COP and plaintiff did exist, defendant LDS Social Services owed a 
common law duty of care to plaintiff, plaintiff has raised genuine issues of material fact with 
regard to the civil conspiracy claim, COP can be held liable for pre-1972 sexual abuse, and 
there is no requirement for segregation of damages between the intentional tortfeasor and 
negligent tortfeasors in this case. For the reasons set forth below, the Court GRANTS 
INPART and DENIES IN PART defendants' motion for summary judgment. 

II. DISCUSSION. 

A. Background 

This action arises from sexual abuse suffered by plaintiff at the hands of Jack LoHolt in the 
early to mid-1970s. The background and procedural history have been set forth in the 
Court's Order on defendants' Motion for Summary Judgment pertaining to the statute of 
limitations. Accordingly, the Court does not find it necessary to repeat them here. To the 
extent that any other facts are relevant to the instant motion, the Court will raise 
those facts within the discussion below. 

III. CONCLUSION 

Having reviewed defendants' motion for summary judgment (Dkt.y 8 65), plaintiff's response 
(Dkt .% 80), defendants' reply (Dkt.% 90), the declarations and evidence in support of those 
briefs, and the remainder of the record, the Court hereby ORDERS: 


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(1 ) Defendants' Motion for Summary Judgment pertaining to the merits of plaintiff's claims 
(Dkt 3 /s 65) is GRANTED IN PART and DENIED IN PART as follows: 

a. The Court declines to dismiss plaintiff's negligence claim on the basis that RCW 26.44 
does not provide for a private cause of action. 

b. The Court declines to dismiss plaintiff's negligence claim on the basis that defendants do 
not have a special relationship with plaintiff. 

c. The Court DISMISSES plaintiff's Equitable Estoppel and Fraudulent Concealment claims 
as MOOT. 

d. The Court DISMISSES plaintiff's Negligent Infliction of Emotional Distress claim. 

e. The Court DISMISSES plaintiff's Civil Conspiracy Claim. 

f. The Court declines to dismiss any of plaintiffs pre-1972 negligence claims on the basis 
that defendants had no notice of the abuse prior to 1972. 

(2) The Clerk shall forward a copy of this Memorandum 

Order to all counsel of record. 

All Citations 

Not Reported in F.Supp.2d, 2006 WL 753234 
Footnotes 

1 This action initially involved four plaintiffs-Kenneth Fleming, John Doe, R.K. and T.D. 
However, Mr. Fleming, John Doe and T.D. have since settled. (Dkt.# 95). Accordingly, R.K. 
is the only remaining plaintiff, and this Court will address the parties' arguments only as they 
pertain to him. In addition, the Court will limit any factual and procedural background 

to R.K. 

2 Original plaintiffs, John Doe and T.D. appeared to have been pursuing common law 
negligence claims not based on breach of statutory duty. (See Dkt. # 80 at 8 n. 32). 

However, it is not clear from the Complaint whether plaintiff R.K. also pursues a common 
law negligence claim based on anything other than breach of statutory duty. In any event, 
because defendants have only raised an argument that the statute in question does not 
provide for a private cause of action, the Court limits its discussion to that issue. 

3 The Court declined to address plaintiff's arguments regarding these two theories, having 


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found that his lawsuit was filed within the applicable statute if limitations period, and 
therefore, no such tolling defenses were necessary. (See Dkt. # 99 at 9).” 

Fleming v. Corporation of President of Church of Jesus..., Not Reported in... 

2017 Thomson Reuters. No claim to original U.S. Government Works. 1 

Fleming v COP 2006 WL 753234.pdf 

04/11/06 Twin Falls, 

Idaho 

LDS William Anthon Jansen “of Twin Falls faces four felony counts of lewd conduct with a 
minor under 16 and one misdemeanor count of disseminating material harmful to a minor... 

A teenage girl came forward with the allegations two weeks ago, saying Jansen sexually 
abused her in 2008 and 2009 when she was between 7 and 9 years old. She told the 
sheriff’s detective that Jansen also abused at least two other girls - one who has since died, 
and another who confirmed Jansen abused her when she was 8 years old, in 2005 and 
2006... Jansen’s ex-wife told sheriff’s investigators Jansen admitted to “inappropriately 
touching juvenile girls” and to having sex with a 17-year-old roommate that lived with them 
while they were married. She also told investigators that Jansen was sent home 
dishonorably from his Mormon mission “due to a sexual incident that occurred.”... His ex- 
wife also told detectives Jansen disclosed to his Mormon bishop that “he had inappropriate 
contact with juveniles.”” 

South Idaho police officer charged with sexually abusing young girls (Alex Riggins, Idaho 
State Journal) 

JANSEN-William Anthon Jansen.pdf 

http://maoicvallGV.com/ncws/local/crime-cind-courts/twin-falls-police-officer-characd-with- 

sexuallvabusina-vouna-sirls/article ad30f745-9fl7-56ef-bad7-031363d3d6fa.html 

05/01/06 Cambridge, UK 

LDS Martyn Conway was convicted for sexual assault in 1990 and excommunicated in 

2006 (for confessions involving pornography) but continues to work with children in the 
church. "Martyn was branded a predatory pedophile and was found guilty of carrying out 
years of sexual abuse on a child he befriended at his church and will be sentenced today." 
Tim Brown, for the prosecution, describes Conway as a "predatory Paedophile." CONWAY- 


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Martyn Conway.pdf 

“As reported first on Cambridge News Online yesterday, Martyn Conway was convicted of 
eight indecency charges - including the rape and attempted rape - of the boy to whom he 
posed as a father figure while a member of the Church of Jesus Christ of the Latter Day 
Saints in Cherry Hinton Road, Cambridge." 
http://www.freerepublic.com/focus/f-news/2520145/posts 

‘Brothers began abusing boy when he was aged 5’ (UK) Cambridge News A | 5/24/2010 | 

John Goode Posted on Monday, May 24, 2010 2:16:26 PM by markomalley 

05/01/06 Cambridge, UK 

John Patrick Conway “former postman and church missionary denies six charges of 
indecent assault on a boy under 14 between April 1979 and May 1986. John “claims either 
his brother Martyn Conway "tricked" the boy into thinking it was actually him for seven years 
or the victim genuinely could not distinguish the difference between them both.” 'His twin 
brother Martyn has admitted six charges of sexual assault on the same boy.” John Patrick 
along with his brother Martyn (who was convicted for child sexual abuse and branded as a 
predatory pedophile with convictions in 1990 and again in 2006) met the victim at the 

Church of Jesus Christ of Latter-day Saints. “The jury has been told that Martyn Conway 
began the sex with the boy - and John Conway would ask the boy what his brother had 
done and then repeat it.” The victim “said the abuse by the brothers stopped between 1980 and 1982 
when they went away to be missionaries but it started again within six months of their return.” 

http://www.freerepublic.com/focus/f-news/2520145/posts 

‘Brothers began abusing boy when he was aged 5’ (UK) Cambridge News 5/24/2010 John 
Goode 

http://www.bishopaccountabilitv.ora/news2010/05 06/2010 05 27 Dav ManAccuses.htm 

05/24/06 Utah 

LDS Robert Jackson, assistant BYU professor was sentenced to 2 second-degree felonies 
of sex exploitation and will be incarcerated for 2 years. Robert Jackson set up hidden 
cameras in order to video tape a 14 year old undressing.” 


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JACKSON-Robert Bentley Jackson.pdf 

http://www.deseretnews.com/article/print/635209887/Child-porn-nets-term-of-2-vears.html 

Child porn nets term of 2 years By Sara Israelsen Deseret Morning News Published: 
Wednesday, May 24 2006 

06/15/06 Orem, Utah 

LDS Gary Wade Brown, “42, pleaded guilty in June to four counts of sexual abuse of a 
child and sexual exploitation of a minor, second-degree felonies, and one count of lewdness 
involving a child”. Seven additional charges were dismissed as part of a plea agreement. 

Brown faced one to 15 years in prison for his crimes The sexual abuse took place 

between 2005 and 2006.” “The boy was 12 years old “A friend of Sheri Brown, (wife of 

Gary) read a statement from her to the judge. She wrote that Brown had an affair early in 
their marriage with another man, and he has never shown an interest in changing or 
remorse. Over the years, Wade's behaviors have gone from being morally wrong to 
obviously illegal." “Sheri Brown wrote that her husband betrayed the entire family with his 
actions and asked that he be incarcerated. One day, his prison doors will open, she said, 
but his victim's prison doors may not.” Brown was not incarcerated and “Brown's attorney, 
Shelden Carter, said he was happy Brown did not receive prison time. Though Brown's 
crimes were atrocious, he said, he also is a good man. "There's a lot of nice things to say 
about Wade," he said.” Former Orem Boy Scout leader sentenced in child sex abuse case 
Janice Peterson - Daily Herald Aug 18, 2009 

BROWN-Gary Wade Brown 1 .pdf 

http://www.heraldextra.com/news/local/central/orem/former-orem-bov-scout-leader- 

sentencedin-child-sex-abuse/article 47b4a149-79b2-5b35-a2a2-73c84e2e4a57.html 

“Brown, 42, was sentenced to a year in jail Monday morning as a result of pleading guilty to 
four felonies of sexual abuse of a child and one charge of sexual exploitation of a minor. 

The abuse happened at Brown's house in Orem, in his car and during Scout outings, 
sometimes with other boys or leaders just feet away, the boy's stepfather said. “ 

Ex-Scout leader gets jail for sexual abuse By Sara Israelsen-Hartley, Deseret News 


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BROWN-Gary Wade Brown 2.pdf 

http://www.deseretnews.com/article/705324069/Ex-Scout-leader-aets-iail-for- 

sexualabuse.html?pa=all\ 

07/21/06 Utah 

LDS Timothy O'Sean McCleve was “charged with child sexual abuse of three girls ages 6, 

8, and 12. Police said McCleve used his position of trust as an LDS Bishop to molest the 
little ones. McCleve was charged "with three counts of forcible sex abuse and these 
charges carry a possible sentence of life in prison." 

MCCLEVE-Timothy O'Sean McCleve.pdf 

http://archive.sltrib.com/printfriendlv.php?id=5537513&itvpe=napsid 

Police say LDS bishop used trust to molest sisters Chief says man knew when 
parents were away and would visit kids then 

BY NATE CARLISLE THE SALT LAKE TRIBUNE PUBLISHED MARCH 28, 2007 

08/07/06 California 

LDS Eric Olsen “confessed to sexually abusing over 200 girls. Olsen attended a Mormon 
Church in Bakersfield which has local Mormon Church members concerned. "Ontario police 
arrested Olsen on suspicion of abusing a 10 year old girl and then he confessed to 
molesting up to 200 girls with as many as 30 victims in Kern County." OLSEN-Eric 

Olsen.pdf 

http://www.bakersfield.com/news/former-local-teacher-admits-to-molestina- 

students/article 453da6e4-b9fe-5dbd-8a4b-dbc277e981a0.html 

09/14/06 Seattle, 

Washington 

In R.K., (Plaintiff), v.The CORPORATION OF THE PRESIDENT OF THE CHURCH OF 
JESUS CHRIST OF LATTER DAY SAINTS, et al., Defendants.No. C04-2338RSM a 

motion in Limine was brought before the court to exclude Clergy-Penitent Communication. 

“1. INTRODUCTION 

*1 This matter comes before the Court on defendant Corporation of the President of the 
Church of Jesus Christ of Latter-Day Saints' (“COP”) Motion In Limine to exclude evidence 
of a confidential 1972 disclosure by Richard Pettit, a Church member, to his Bishop, 


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regarding Mr. LoHolt's abuse of his son. 1 (Dkt. 141 ). Defendant argues that Mr. Pettit 
made the disclosure in the context of spiritual counseling, and therefore, it should be 
excluded under the clergy-penitent privilege, or because it is protected by the Free Exercise 
Clause of the First Amendment. Plaintiff opposes the motion, arguing that the 
communication does not meet the criteria necessary to qualify for the clergy-penitent 
privilege, and that the mandatory reporting statute in effect at the time of the communication 
required disclosure to appropriate authorities, and enforcing that statute would not have 
offended Constitutional principles. (Dkt. 157). For the reasons set forth below, the Court 
agrees with plaintiff and DENIES defendant's Motion In Limine.” 

The Courts Discussion can be found in RK v COP Washington Sept 2006 No C04- 
2338RSM.pdf 

https://www.scribd.com/document/2706326/R-K-v-Corporation-of-the-President-of-the- 

Church-of-Jesus-Christ-of-Latter-Dav-Saints-et-al-Document-No-174 

11/01/06 California 

LDS Todd Mitchell Edward, “a bishop in the LDS Church, was charged with sexually 
assaulting two teen girls. He was arrested and charged with 3 felonies-sexual battery, 
sexual penetration with a foreign object and witness intimidation.” "Riverside County district 
attorney’s office, said the victims attended Edwards’ church." " Edwards was friends with the 
families of both girls." "investigators identified a possible third victim but the statute of 
limitations on filing criminal charges had run out on that case, he said. Details about the 
date of that incident were not available." 

EDWARDS-Todd Mitchell Edward.pdf 

http://www.pe.com/local-news/riverside-countv/menifee/menifee-headlines/20130603- 

menifeeman-charaed-with-sex-crimes-was-mormon-bishop.ece 

MENIFEE: Man charged with sex crimes was Mormon bishopTodd Mitchell Edwards, 48, of 
Murrieta, is accused of sexually assaulting teen girls, authorities said BY SARAH BURGE 


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STAFF WRITER Published: June 03, 2013; 

01/01/07 Washington 

Victim Doe (See Peter Taylor 1/01/1988) " The jury found the LDS Church liable both for 
the failure of a bishop to report the abuse of the older sister and for the subsequent abuse 
of the younger sister in Doe v COP WA Filed in 2007 

The plaintiff was awarded damages in this case by jury verdict, in the amount of $1 .2 
million, in the state of Washington. This involved two sisters who were abused by their 
father, and the jury found the LDS Church liable both for the failure of a bishop to report the 
abuse of the older sister and for the subsequent abuse of the younger sister. The jury also 
found the LDS Church liable for intentional infliction of emotional distress, due to 
intimidating statements made by the bishop to the victim. 

The Church got hit with another plaintiff’s jury verdict, in the amount of $1 .2 million, in 
Washington" 

TAYLOR-Peter Taylor 1 Complaint and Appeal.pdf and TAYLOR-Peter Taylor 3.pdf 

http://www.leaple.com/xmlResult.aspx?xmldoc=20071360167P3dll93 11350.xml 

01/03/07 Idaho 

LDS Laury Scott Wolfley was accused of abusing a child, “pleaded not guilty Monday 
morning on one count of lewd conduct with a minor and one count of sexual battery of a 
minor. (Jul 30, 2007).” The child was a 13-year-old male. At the Bonneville County 
Courthouse, he was sentenced to serve 12 years of probation and six months in the county 
jail. The victim's family stated they are devastated and the family has been pulled apart” 
because of what happened. 

Wolfley is a graduate of BYU 1975 and is registered as a Sexual offender in Idaho. 

According to a comment online on a Mormon Stories.org (Stories about child sexual abuse 
in the LDS church). Nate said, “When 1 was in YM and then YSA there was a single man in 
our ward, a lawyer. Very well off and loved by the ward and the stake. He would often times 
take the young men from the inner city wards out on his boat to go water skiing among 
other things. 1 spent many nights hanging at his house as he lived a few streets down from 


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my family. He moved after a few years and probably within a year the stake sent out a 
notice to our ward that he had been arrested for child molestation. They wanted to make 
sure that no one in our area was a victim.” 

http://www.mormonstories.ora/stories-about-child-sexual-abuse-in-the-lds-church/ 

“He was sentenced to serve 12 years of probation and six months in the county jail. He will 
be able to use the work release program for treatment or to find a job.” 
http://viailant-antis.bloaspot.com/2008/03/laurv-scott-wolflev-child-molestina.html 

Attorney Heading To Trial For Sexual Battery of Minor (KIFI) 

An attorney who lives in Bonneville County is on his way to trial, but this time he's the 
defendant. Laury Scott Wolfley pleaded not guilty Monday morning on one count of lewd 
conduct with a minor and one count of sexual battery of a minor. (Jul 30, 2007) 

WOLFLEY-Laury Scott Wolfley.docx 

http://www.attornevhelp.ora/attornev news/200707 attornev news 25.html 

“Offense: SEX BATTERY OF MINOR CHILD AGE 16/17” 

http://www.sexoffendersarchive.com/zipdirectorv/id/83406/Laurv Scott Wolflev 117505 

01/08/07 Logan, Utah 

LDS Bruce T. Jeppesen “was prominent in the local LDS ward, having been asked by the 
stake president to be an elders quorum president. That position, Anderson (Jeppeson's ex- 
wife) noted acidly in her statement to Judge Hadfield, came at the same time as he was 
raping her daughter on a cold cement floor in their basement.” Jeppesen “turned himself in 
to the police and confessed to having “multiple sexual-intercourse incidents,” with a child, 
then 12, during the fall of 2005, according to a police report.” 

“The judge had agreed to a plea deal... Jeppesen would get six years’ probation and no jail 
or prison time. Surprised that the victim had not been notified of the deal as required by 


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Utah statute and the Victims Rights Act, Judge Hadfield’s only caveat to the plea deal was 
that the victim had to be told, adding that her input could still affect the case. 

Utah Crime Victims Legal Clinic’s Heidi Nestel, who eventually represented Tina, argued in 
court pleadings that the plea deal effectively led to Tina being “re-victimized by a system 
which was supposed to protect her rights, but instead failed to even address her rights.” 

“She later wrote, “Rarely, if ever, does an adult rapist of a 12-year-old girl never spend one 
day in jail or prison — yet, this was the known agreement at the time of plea.” 

On January 8, 2008 Jeppesen was sentenced on two second-degree felony counts of child 
sexual abuse. Deputy Attorney General Kristine Knowlton, told the court that Jeppesen’s 
confession, supposedly an act of contrition, was “cloaked in secrecy and deception, and as 
a result of that, the damage to the victim and her family has been extraordinary.” 

“Knowlton got the plea deal quashed, and Jeppesen was sentenced to two concurrent 
terms of 15 years in the Utah State Prison.” 

JEPPESEN-BRUCE T JEPPESEN. DOCX 

The Mysterious Mr. Smith Brad Smith's ascent leaves behind questions 

Bv Stephen Dark (©stephenpdark April 25. 2012 

http://www.citvweeklv.net/utah/the-mvsterious-mr-smith/Content?oid=2161197 

01/15/07 Kentucky 

LDS Jason Starks, "while serving as a missionary of the LDS Church, engaged in sexual 
misconduct and deviate sexual intercourse with plaintiffs minor child while "acting as an 
agent, servant, employee, or otherwise on behalf of the defendant, the Church of Jesus." 
Olingerv. Corporation of the President of the Church of Jesus Christ 521 f. Supp.2d 577, 

US District Court Lexington Kentucky, "Mother on behalf of her minor child, sued the LDS 
church but loss the case when the defendant motioned the court for Summary Judgement 
and it was granted. Olinger v COP Kentucky 2007.pdf "Starks was accused of sexually 
abusing three people in 2005 during a mission. Stark is from Idaho and "was charged with 
two counts of sodomy and one count of attempted sodomy." "The church has asked that 


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the lawsuit be dismissed, saying some of the claims might be barred by the statute of 
limitations and that it cannot be held responsible for actions of someone not necessarity 
under its control." STARK-Jason Stark. docx 

STARKS-Jason Starks-Olinger v CORpdf 

http://www.bishopaccountabilitv.ora/news2007/01 02/2007 01 30 nwi Eastern Kentucky, ht 

m 

https://dockets.iustia.eom/docket/kentuckv/kvedce/5:2007cv00029/52068 

01/30/07 Ogden, Utah 

LDS Cory Campbell an LDS youth leader has been accused of molesting five girls ages 

14 and 15. He was booked on "three counts of forcible sex abuse." "Authorities believe 
there may be more victims. One victim reported that the molestation began in January 

2007 through much of 2009. Campbell served as an LDS Young Men's leader. 
CAMPBELL-Cory C Campbell 1 .pdf 

LDS youth leader arrested on suspicion of child sex abuse 

Crime » Allegations don't appear related to church position. BY LINDSAY WHITEHURST 

THE SALT LAKE TRIBUNE PUBLISHED FEBRUARY 10, 2010 
http://www.sltrib.com/news/ci 14373964 

03/15/07 Dublin Ireland 

LDS Unnamed Missionary was accused of abusing a girl. The Victim is suing the LDS 
Church claiming that she was abused by an LDS missionary when she was a minor. She 
claims that other LDS church members stood guard alerting the molester if other LDS 
members were near. The claims that the LDS concealed and allowed this man to exploit 
her. She claims the LDS failed to protect a child. In fact, "The woman says that when she 
told senior church members what happened, they told her not to reveal it to her non- 
Mormon parents or to the police." They did not report this pedophile. She brought the case 
before Dublin's High court.” 

LDS Missionary-lrish Central Article.pdf 


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Mormon Church sued in Dublin’s High Court by abuse victim of U.S. missionary 

Papers to be served on elder now resident in America By: CATHAL DERVAN | Published 
Wednesday, November 30, 2011, 7:45 AM | Updated 

http://www.irishcentral.com/news/Mormon-Church-sued-in-Dublins-Hiah-Court-bvabuse- 

victim-of-US-missionarv-134741433.html 

05/14/07 Mossblown, 

South Ayrshire, 
Scotland 

LDS James Broom, “The grandfather pleaded guilty to lewd, libidinous and indecent 
practices towards the girl in his then home in Mossblown, from October 2007 to February 
2008. Broom was jailed in 2009 after he admitted sexually abusing a 15-year-old 
schoolgirl .The abuse only came to light when he made a full confession to a senior member 
of his church.” 

http://www.dailvrecord.co.uk/news/local-news/avr-dad-jailed-paedophile-threat-2419819 

“A MORMON grandfather jailed last week for sexually abusing a 15-year-old girl now faces 
being excommunicated. Two representatives of the Church of Jesus Christ were in Ayr 

Sheriff Court last week to hear James Broom sentenced to 15 months. Broom, 62 was 
appearing on deferred sentence. He had earlier admitted using lewd, libidinous and 
indecent practices towards the girl in his home in Mossblown between October 1 2007 and 
February 2, 2008.” 

http://www.truthandarace.com/mormonpredator.htm 

By court reporter AYR Advertiser 

BROOM-James Broom.pdf 

“Broom is considered at a high risk of re-offending.” 
http://scottishchristian.com/news/paae/385/ 

Mormon Jailed for Abusing Fifteen-Year-Old Girl by Billy Paterson. 

06/21/07 California 

LDS Luis Perez pled no contest to one count of lewd act upon a child. He was sentenced 
to state prison for six years. Perez appeared to be "totally without remorse." "According to 
the probation report, defendant was placed in the victim's family home by the bishop of the 


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Latter Day Saints church." The investigating officer viewed the defendant "as an extreme 
risk for reoffending." 

Court of Appeal, Second District, Division 5, California. The PEOPLE, Plaintiff and 
Respondent, v. Luis PEREZ, Defendant and Appellant. No. B191850. | (Los Angeles 
County Super. Ct. No. MA032197). | June 21, 2007. 2007 WL 1776210 PEREZ-Luis 

Perez The People v.pdf 

06/27/07 Martinsburg, 

West Virginia 

LDS Christopher Michael Jensen sexually molested 12 children he was sentenced to 35- 
75 years in prison. “The victims allege that the LDS Church Bishop Fishel along with other 
members failed to warn or protect these children. A civil suit was filed naming the LDS 

Church and LDS members individually as defendants on September 16, 2013. "This case 
involves unthinkably horrible sexual abuse of children between the ages of three and 
twelve. Jensen was found guilty by a West Virginia jury of two counts of sexual abuse by a 
custodian and one count of first-degree sexual assault. The criminal charges include only 
two of the twelve victims." Jensen was sentenced to 35-75 years in prison and 50 years 
probation. The complaint states that the "Church was repeatedly put on notice and/or 
had knowledge of Michael Jensen's predatory acts. In 2007, before the abuses of the 
minor children suing herein, the Stake High Council held a meeting where Michael Jensen's 
sexual abuses of his younger sibling and another minor child were discussed. A church 

Relief Society President, Local Bishops, Stake Presidents and were told about Jensen's 
predatory actions. "Instead of reporting to the authorities or warn or protect other young 
children, the Church, through its agents, took the opposite approach. It actively covered up 
the abuse and assisted Michael Jensen in committing further unspeakable acts, by enabling 
him to babysit for and live with other Church families with young children." "This pattern 
continued over five years." "The Church has not accepted responsibility for what it did and, 
equally importantly, for what it failed to do, despite being confronted with Michael Jensen's 

abuse on several occasions, Instead, it has continued to cover-up, sending emissaries 

from Salt Lake City, Utah to Martinsburg, West Virginia, who instructed fact witnesses not to 
talk with counsel for the Plaintiffs. Through Church leaders, it has tried to intimidate 


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Plaintiffs from pursuing this action lest they run afoul of Church teachings regarding 

forgiveness" 

JENSEN-Christopher Michael Jensen COMPLAINT 2.pdf 

http://bloa.kosnoff.com/wp-content/uploads/2013/10/2013-10-24-Jane-Doe-1-et-al-v-LDS- 

Berkelev-Countv-West-Virainia-Civil-Action-Number-13-C-656.pdf 

07/11/07 Utah 

LDS Michael J. Pratt an LDS Seminary Leader is arrested for the sexual abuse of a 16 
year old seminary student. Judge Christine Johnson "sentenced Pratt to three concurrent 
terms of five years to life in prison and an additional one to fifteen year sentence." Pratt 
pleaded guilty. The victim was ostracized at school and on Facebook and her stepfather 
commented that Pratt tried to "deflect the blame from himself onto his victim. 

PRATT-Michael Pratt 1.pdf 

LDS seminary principal is arrested in sexual abuse By Sara Israelsen-Hartley, Deseret 

News Published: Saturday, July 11 

2009http://www.deseretnews.com/article/705316062/LDS-seminarv-principal-is-arrested- 

insexual-abuse.html?pa=all 

“Sheriff's investigators said Michael Pratt, 37, of Orem was principal at Lone Peak High 
School's Church of Jesus Christ of Latter-day Saints seminary when he was arrested 
Thursday on multiple charges, including aggravated forcible sexual abuse, forcible sodomy 
and object rape.” 

http://www.denverpost.com/headlines/ci 12818586 

07/21/07 New Zealand 

LDS Daniel Taylor was charged with “15 counts of sexual assault alleges two boys age 
under 12 to over 16. He was a prominent elder and youth leader in the LDS Church. The 
charge of indecent assault, and two of attempted unlawful sexual connection involving boys 
aged from under 12 to over 16 which police say the offending happened between 2007 and 


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early 2011 Taylor was sentenced to five years seven months in prison. TAYLOR-Daniel 
Taylor 2.pdf Taylor was "a seminary teacher at the local Mormon Church" and this was 
"pivotal in much of his offending." 

TAYLOR-Daniel Taylor 1 .pdf 

http://www.newshub.co.nz/nznews/unrest-over-sentence-for-mormon-sexoffender- 

2013111417#axzz429oZuJBU 

http://www.bishop-accountabilitv.orp/AbuseTrackerArchive/2012/ll/ 

08/28/07 Orem, UT 

LDS Robert Matthews a member of the Tabernacle Choir was arrested and "charged with 
four counts of sexual exploitation of a minor and lewdness involving a child." The boys 
ages were 7 to 15 years. They were abused at camp. Mathews pled guilty to possession 
of child pornography also and thus" the state charges were dismissed in lieu of a Federal 
case." 

MATTHEWS-Robert Matthews.pdf 

http://www.deseretnews.com/article/695204943/Ex-member-of-LDS-choir-pleads-auiltv- 

inporn-case. html?pa=all 

Ex-member of LDS choir pleads guilty in porn case By Geoffrey Fattah, Deseret News 
Published: Tuesday, Aug. 28 2007 

09/17/07 Washington 

JANE DOE ET AL., Respondents, v. THE CORPORATION OF THE PRESIDENT OF THE 
CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS ET AL., Appellants. 

“1J1 APPELWICK, C.J. — Two sisters who had been sexually abused by their stepfather 
sought damages from the Corporation of the President of the Church of Jesus Christ of 

Latter Day Saints (LDS Church) for negligence and intentional infliction of emotional 


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distress. They also sought damages against their stepfather for intentional infliction of 
emotional distress. A jury found the LDS Church liable both for the failure of a bishop to 
report the abuse of the older sister and for the subsequent abuse of the younger sister. The 
jury also found the LDS Church liable for intentional infliction of emotional distress, due to 
intimidating statements made by the bishop to the victim. Lastly, the jury found the 
stepfather liable for intentional infliction of emotional distress. The trial court entered a 
judgment against the stepfather and the church, holding them jointly and severally liable. 
LDS Church appeals the verdict. The victims cross-appeal the issue of whether the church 
owed them a common law duty to protect them. 

1|2 We affirm the jury verdict for the tort of outrage against the LDS Church but vacate the 
determination of joint and several liability with the stepfather. We affirm that the LDS Church 
did not owe a common law duty to protect the plaintiffs. We reverse the jury verdict of 
negligence against the LDS Church, concluding that the bishop was not a social service 
counselor as defined by the mandated reporting statute and therefore did not have a duty to 
report the abuse. We remand to the trial court for entry of a judgment consistent with this 
opinion. 

FACTS 

1|3 Peter Taylor«1» was accused of and pleaded guilty to sexually abusing his 
stepdaughters. Taylor; his former wife, Dianne Osborne; and her two daughters were 
members of the LDS Church during all relevant times. 

Hammock, 870 P.2d at 949 n.1 . 

1}6 According to Jessica, sometime in 1995 she met with Bishop Hatch and told him her 
stepfather was sexually abusing her. Jessica testified that she told her friend, Cherisse 
Anderson that "[Taylor] was coming into [her] room at night, and abusing [her]." Cherisse 
encouraged her to speak to their bishop. Jessica stated that she went to Bishop Hatch 
because she "just wanted the abuse to stop. That's it." Jessica testified that Bishop Hatch 
referred to a conversation with Cherisse in which Cherisse had suggested that Taylor had 


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been touching Jessica inappropriately. Jessica testified that after some "back and forth," 
she told Bishop Hatch that her stepfather "touched me on my private parts in the middle of 
the night, in my bed, and it did make me uncomfortable." 

1f7 According to Jessica, Bishop Hatch responded, "I'm so glad you came and talked to me, 
because I don't have to report it." Jessica said that Bishop Hatch then talked about another 
family in the ward. She testified that he told her "that one of the twin daughters had gone to 
the school counselor, and told the school counselor that her dad was abusing her, and the 
school counselor reported it to Child [Protective Services], And [then] he said that, Child 
[Protective Services] went into the house, the family is losing everything, they are going 
bankrupt, and everybody in the ward is gossiping about them." When asked at trial, Jessica 
replied that she knew about the Roberts family at the time "because there were people 
talking about it." 

1J14 In January 2000, Dianne Osborne learned that Taylor had sexually abused her younger 
daughter, Ashley. Dianne called CPS to report the abuse. Upon placing that call, she 
learned that Jessica's abuse had never been reported by the LDS Church. Taylor was 
criminally charged and prosecuted for the sexual abuse of both Jessica and Ashley. Taylor 
pleaded guilty to child molestation in the first degree and was sentenced to prison. 

1J16 The LDS Church moved for a directed verdict "to dismiss any claims arising or 
connected to the reporting statute for lack of evidence that the bishops were acting in any 
capacity other than as a bishop under the Motherwell«[6]» decision. Plus, there's no 
evidence that they were social service counselors, as defined by statute." This motion was 
denied by the trial court. 

LDS BISHOP Bruce Randall Hatch alleged Failure to Report in Jane Doe v the COP.pdf 
«6» State v. Motherwell, 114 Wn.2d 353, 788 P.2d 1066 (1990) (holding that one of the 
defendants was exempt from the mandated reporting requirement because of his status as 
an ordained minister acting in a religious context). 


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IP 7 The LDS Church then sought summary judgment on the plaintiffs' negligence claim, 
arguing again that Bishop Hatch did not meet the statutory definition of social service 
counselor and therefore did not have a duty to report. This was also denied by the trial 
court, which "believe[d] that whether or not these people were acting as clergy or as social 
workers pursuant to the terms and definitions of the statutes is a question of fact for the 
jury." The LDS Church sought discretionary review of the trial court's order compelling the 
church to produce confidential church disciplinary records regarding Taylor. This was 
resolved in the church's favor. Jane Doe, 122 Wn. App. at 556. 

IP 8 At the close of plaintiffs' case, the trial court granted the LDS Church's motion to 
dismiss the negligence claim based on breach of a special relationship. After three weeks of 
trial, the jury returned a verdict in the plaintiffs' favor. Jessica's total damages were 
$3,180,000, with $1 .2 million against Taylor for the tort of outrage based on his sexual 
abuse, $1.1 million against the LDS Church for the tort of outrage, and $880,000 against the 
LDS Church for negligence arising out of Bishop Hatch's failure to report the abuse under 
RCW 26.44.030. Ashley's total damages were $1 ,052,000, with $530,000 against Taylor for 
the tort of outrage based on his sexual abuse, and $522,000 against the LDS Church for 
negligence arising out of Bishop Hatch's failure to report the abuse under RCW 26.44.030. 

IP 9 Over the LDS Church's timely objections, the trial court entered judgment against both 
defendants jointly and severally. On February 9, 2006, LDS Church filed posttrial motions 
for judgment as a matter of law and/or for a new trial and/or for remittitur. These motions 
were denied. The LDS Church filed for appeal on February 28 and a supplemental notice of 
appeal seeking review of the trial court's order denying its posttrial motions. The plaintiffs 
filed a cross-appeal on April 7, 2006, seeking review of the trial court's dismissal of their 
negligence claim based on breach of a special relationship. 

1J44 Further, Jessica presented evidence that Bishop Hatch suggested that if the abuse 
were to be reported to CPS, she, rather than the abuser, would be the cause of her family's 
breakup and would be at the center of church gossip. Bishop Hatch admitted that he 


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discussed the possibility of a separation of the family if CPS got involved, and also 
"mentioned to [Jessica's mother] at that time that any case of child abuse, a person is in 
jeopardy of losing their membership in the Church." According to Jessica's mother, he did 
not tell her that Jessica had told him that she was being sexually abused. 

1J45 While Bishop Hatch testified that he suggested placing a lock on Jessica's bedroom 
door and that he told Jessica that she had many people to whom she could turn, he did not 
report the sexual abuse to LDS Social Services, his LDS Church superiors, or CPS. And, 
his advice had the effect of silencing Jessica:” 

http://www.find-laws.com/courtcases/view/washinaton-141-wn-app-407-iane-doe-v-latter- 

dav-saints 

LDS BISHOP Bruce Randall Hatch alleged Failure to Report in Jane Doe v the COP.pdf 

10/09/07 Cherry Park 

Ward, Oregon 

JACK DOE 1, JACK DOE 2, JACK DOE 3, JACK DOE 4, JACK DOE 5, and JACK DOE 

6, individuals proceeding under a fictitious name, Plaintiffs, v. CORPORATION OF THE 
PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, 
THE BOY SCOUTS OF AMERICA, and CASCADE PACIFIC COUNCIL, BOY SCOUTS 

OF AMERICA, 

“At all times relevant to this complaint, Timur Dykes, also known as “Timur Van Dykes” 
(hereinafter “Dykes”) served as a spiritual leader, Home Teacher, Sunday school teacher, or 
(hereinafter collectively “Spiritual Leader”) selected by LDS Defendants to educate and 
minister to LDS families and their children, including Plaintiffs in this case. At all times 
relevant to this complaint, Dykes also served as a scout leader, assistant, volunteer or in a 
similar capacity (hereinafter collectively “Scout Leader”), selected or accepted by Boy Scout 
Defendants to educate and train young boys, including Plaintiffs in this case, in morality, 
patriotism, and various life skills. 


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Plaintiff Jack Doe 1 . 

10. Specifically, Dykes sexually abused and molested Plaintiff Jack Doe 1 in 1983 through 
approximately 1984, 


Plaintiff Jack Doe 2. 

21 . Specifically, Dykes sexually abused and molested Plaintiff Jack Doe 2 for two years 
from 1983 through approximately 1985 


Plaintiff Jack Doe 3. 

32. Specifically, Dykes sexually abused and molested Plaintiff Jack Doe 3 in 1983 or 1984 


Plaintiff Jack Doe 4. 

43. Specifically, Dykes sexually abused and molested Plaintiff Jack Doe 4 in 1983 or 1984 


Plaintiff Jack Doe 5. 

54. Specifically, Dykes sexually abused and molested Plaintiff Jack Doe 5 during the years 
1980 through approximately 1983 


Plaintiff Jack Doe 6. 

65. Specifically, Dykes sexually abused and molested Plaintiff Jack Doe 6 in approximately 
1981 or 1982 


76. 

During the time all Plaintiffs were sexually abused by Dykes, LDS Defendants had 
knowledge or should have known of Dykes’ dangerousness to children. In or about 1981 or 
1982, LDS Defendants discovered that Dykes had sexually abused a minor child who was a 
LDS member and scout, and LDS Defendants conducted their own investigation into the 
allegations 


77. 


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It was foreseeable at the time to Defendants — and they knew or should have known — that 
pedophiles or pedeophilic predators most often engage in serial abuse of minors under their 
care, and that where a sexual predator is discovered, there are certainly additional victims 
that have either not been discovered or who remain silent about the abuse. 

78. 

Defendants’ retention of Dykes created a foreseeable risk of harm to the safety of children 
in the care of the Defendants. Defendants’ failure to supervise Dykes and prevent or control 
his isolation and domination of younger children created a foreseeable risk of harm to the 
safety of children in the care of Defendants and Defendants therefore knowingly allowed 
and permitted or encouraged child abuse. Plaintiffs’ interest in being free from sexual 
molestation is an interest of a kind that the law protects against negligent invasion. 
Defendants’ retention of Dykes and failure to supervise Dykes was unreasonable in light of 
the risk posed to young children by unsupervised instructors, and Defendants’ retention of 
Dykes and failure to supervise Dykes was a cause of the molestation suffered by Plaintiffs, 

79. 

Defendants unreasonably created a foreseeable risk to the protected interest of 
Plaintiffs — were negligent — in at least one of the following particulars: 

a. In failing to thoroughly investigate the possibility of abuse to the Plaintiffs and 
scouts who had significant contact with Dykes, upon learning of Dykes’ prior 
abuse of a LDS member and scout; 

b. In failing to report the abuse to law enforcement; 

c. In failing to provide or pursue mental health services to Plaintiffs; 

d. In failing to thoroughly interrogate Dykes to determine the existence of other 
victims; and 

e. In failing to remove Dykes from contact with children. 

82. 

From at least the 1960s if not earlier, LDS Defendants knew that LDS callings and 


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assignments were being used by pedophiles to victimize children and that LDS Defendants 
hadan institution-wide child abuse problem. Despite this knowledge, LDS Defendants did 
not implement adequate child sex abuse policies. 

87. 

From at least the 1960s if not earlier, Boys Scouts and Cascade Pacific Counsel 

Defendants knew that assignments were being used by pedophiles to victimize children and 
that Boys Scouts and Cascade Pacific Counsel Defendants had an institution-wide child 
abuse problem. Despite this knowledge, Boy Scouts and Cascade Pacific Counsel 
Defendants did not implement adequate child sex abuse policies.” 

O’DONNELL & CLARK LLP F 1650 N.W. Naito Parkway, Suite 302 Portland, Oregon 97209 
Telephone: (503) 306-0224 FAX: (503) 306-0257 

https://messenaerandadvocate.files.wordpress.com/2007/10/official-complaint sexual- 

abuse-lawsuit-aaainst-mormon-church-bov-scouts.pdf 

Jack Doe 1-6 v COP and BSA official -complaint_sexual-abuse-lawsuit-against-mormon- 
church-boy-scouts.pdf 

01/01/08 North Carolina 

LDS Unnamed Perpetrator "who reported himself in 2008 or 2009 to his Bishop" “who 
then informed others within the Raleigh Stake about the pedophile's activities”. 

38. "Upon information and belief, for a period of years before Plaintiff (mother of victim) 
discovered that the pedophile had battered her children, the Defendants were aware that 
the pedophile had sexually battered one or more other children within the Raleigh Stake." 

Jane Doe 192 192 V the COP-Complaint.pdf 

http://www.cjalawfirm.com/wp-content/uploads/2013/08/Jane-Doe-192-Amended- 

Complaint.pdf 

01/15/08 Colorado 

LDS Brett Candelaria for "over two decades, perfected his ruse, finding vulnerable 
families, latching onto them at church, quickly winning their trust and then, after obtaining 


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easy access to young boys, committing horrific crimes." Candelaria was first accused of 
sexual assault in the 1980s and then in late 1992 allegations were again brought against 
him for molestation of three boys ages 9, 10, and 13. He pleaded guilty to four counts of 
abuse with a minor. In 1 997 more allegations of abuse from two boys ages 6 and 8. From 
2002 forward occurred Candelaria;s "most serious legal charge after he took in a 14 year 
old boy and he pleaded guilty. Then in January 2008 to boys ages 13 and 14 told police 
that they were molested by Candelaria. They told "how Candelaria had befriended their 
family at the Church of Jesus Christ of Latter-day Saints. How he had gained the trust of 
their family. How he wowed them with his collection of pristine Hot Wheels cars, with his 

Xbox 360 and his PlayStation He used the church to gain access to the boys." Detective 

Estrada described Candelaria as a Monster! Charges were filed against Candelaria on 
January 18, 2008 but two months later another boy came forward stating that Candelaria 
had abused him. Then on September 5th, 2008 prosecutors filed 15 separate counts 
against Candelaria. He was sentenced to two consecutive terms of 10 years to life. In his 
next trial, Judge Robbins sentenced him to 36 more years to life on top of the previous 
sentence.” 

CANDELARIA-Bret Candelaria.pdf 

http://www.denverpost.com/2009/08/15/child-molester-brett-candelaria-the-niahtmare-next- 

door/ 

01/31/08 Utah 

Ferris JOSEPH, Plaintiff, v. CORPORATION OF THE PRESIDENT CHURCH OF JESUS 
CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole; and Corporation of the 
Presiding Bishop of the Church of Latter-Day Saints, a Utah corporation sole, 
Defendants. No. Civ. 06-4143. 

“Before the United States District Court, D. South Dakota, Southern Division rule on the 
Defendants motion for Summary Judgment in the following case from which excerpts are 
provided: 

ORDER DENYING MOTION FOR SUMMARY JUDGMENT AND CERTIFYING QUESTION 


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TO THE SOUTH DAKOTA SUPREME COURT PURSUANT TO SDCL 15-24A-1 
JOHN E. SIMKO , United States Magistrate Judge. 

BACKGROUND 

*1 Ferris Joseph sued the defendant church corporations alleging they were negligent 
regarding their hiring, retention or supervision of a missionary who sexually abused plaintiff 
while he was a child (Doc. 1 ). Defendants moved for summary judgment (Doc. 53). 

Defendants assert summary judgment is appropriate because: 

1 . Joseph's claims are barred by the general personal injury statute of limitations SDCL 15- 
2-14(3) ; the time to bring suit against non-perpetrators is not 

enlarged by SDCL 26-10-25 . 

2. Even if SDCL 26-10-25 does enlarge the time to bring suit against non-perpetrators, 
SDCL 26-10-25 was not enacted until the time to sue had already expired 

as to these defendants, so SDCL 26-10-25 cannot resurrect an already dead claim. 

3. Defendants are entitled to judgment as a matter of law on the merits of the negligence 
claim for the reasons urged in 4, 5, and 6 below. 

4. The First Amendment and the South Dakota Constitution bar Joseph's negligence claim. 

5. Joseph's negligence claim fails because defendants owed him no duty of care. 

6. There is no evidence that the alleged abuse was foreseeable. 

JURISDICTION 

Federal jurisdiction is invoked under 28 U.S.C. § 1332(a) 

(1 ) . The parties consented to have the magistrate judge preside over the case pursuant to 
28 U.S.C. § 636(c)(1 ) . Pursuant to 28 U.S.C. § 636(c)(3) the consent of the parties allows 


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a magistrate judge to exercise civil jurisdiction to direct entry of judgment of a district court 
in accordance with the Federal Rules of Civil Procedure and allows the parties to appeal to 
the appropriate United States court of appeals from the judgment of the magistrate judge in 
the 

same manner as an appeal from any other judgment of a district court. 

FACTS 

The facts are stated in the light most favorable to plaintiff. Ferris Joseph was a victim of 
childhood sexual abuse in 1968 as a result of conduct by a missionary of the Church, 

Robert White. Joseph repressed memories of his childhood sexual abuse until October 
2004 when he was visiting his sister in Alberta, Canada, and he recovered his 
memories of the abuse. Robert White was appointed by the Church to be a missionary for a 
two-year term beginning in 1967. Robert White was given the title of “Elder” and assigned to 
the Northern Indian Mission, which includes the State of South Dakota and other 
surrounding States. He was assigned first to the Lake Andes/Wagner area and then 
transferred in 1968 to Flandreau, South Dakota. While stationed in Flandreau, Robert White 
traveled to Sioux 

Falls and interacted on a number of occasions with the Joseph family. He spent a significant 
amount of time with the Joseph family and groomed their three young boys, including Ferris 
then age 12, by taking them out for treats and activities. Robert White took the boys to the 
missionaries' apartment in Flandreau where he sexually abused Ferris. Robert White's 
missionary service terminated in Julyl 968. Plaintiff commenced this litigation on August 1 7, 
2006, within three years of discovery under SDCL 26-10-25 . 

*2 SDCL 26-10-25 provides: 

Any civil action based on intentional conduct brought by any person for recovery of 
damages for injury suffered as a result of childhood sexual abuse shall be commenced 
within three years of the act alleged to have caused the injury or condition, or three years of 
the time 

the victim discovered or reasonably should have discovered that the injury or condition was 
caused by the act, whichever period expires later. 


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*5 IT IS ORDERED: 

1 . That Defendants' Motion for Summary Judgment (Doc. 53) is DENIED IN PART. The 
single undecided summary judgment issue is certified to the South Dakota Supreme Court. 
A decision about the applicability of SDCL 26-10-25 to plaintiff's civil action is deferred 
pending reply from the South Dakota Supreme Court. 

2. Pursuant to SDCL 15-24A-1 the following question is certified to the South Dakota 
Supreme Court: Does SDCL 26-10-25 apply to negligence claims against parties who are 
not the perpetrator or a complicit principal (the perpetrator or complicit principal being 
defined 

as a person whose intentional conduct inflicted the childhood sexual abuse which provides 
the factual basis for the civil action)? 

3. That the Clerk of Court shall forward this certification order under official seal to the South 
Dakota Supreme Court, pursuant to SDCL 15-24A-5 . 

4. Pursuant to SDCL 15-24A-6 the costs before the South Dakota Supreme Court shall be 
divided equally, one half to be the plaintiff's obligation and one half to be the defendants' 
obligation. 

5. The jury trial scheduled for February 25, 2008, is cancelled pending further order of the 
court. 

All Citations 

Not Reported in F.Supp.2d, 2008 WL 282163 
Footnotes 

1 The complaint alleges the Church fraudulently concealed pertinent information for the 
purpose of protecting itself from civil liability. This allegation, obviously, is to toll the running 


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of SDCL 15-2-14(3), the three year statute of limitation on lawsuits for personal injury. 
Defendant did not request summary judgment against this allegation. This issue has not 
been addressed in the briefs by either side. This issue remains undecided in the event the 
South Dakota Supreme Court either declines to decide the reach of SDCL 26-10-25 or in 
the event the South Dakota Supreme Court decides SDCL 26-10-25 applies to perpetrators 
only. 

2 The Montana statute refers to “an action.” while SDCL 26-10-25 refers to “any civil action.” 
Joseph v. Corporation of the President Church of Jesus..., Not Reported in... 

© 2017 Thomson Reuters. No claim to original U.S. Government Works. 5 

End of Document © 2017 Thomson Reuters. No claim to original U.S. Government Works.” 

https://www.courtlistener.com/docket/4381965/joseph-v-corporation-of-the-president- 

church-of-jesus-christ-of-latter-dav/ 

Joseph Ferris V COP South Dakota Jan 2008.pdf 

03/26/08 Texas 

LDS Stanley Benjamin Green, "an official with the Church of Jesus Christ of Latter Day 
Saints in Athens, Texas, was charged by indictment with one count of aggravated sexual 
assault of a child and two counts of indecency with a child. The victim was a child whose 
parents were attendees" of the LDS church. The child was seven years old and was abused 
by Green until he was ten years old. He was sentenced to 70 years in prison.” 

GREEN-Stanley Benjamin Green v The State ofTexas.pdf 

Court of Appeals of Texas, Tyler. Stanley Benjamin GREEN, Jr., Appellant v. The 

STATE of Texas, Appellee. Nos. 12-06-00402-CR, 12-06-00403-CR, 12-06-00404-CR. 
March 26, 2008. Cite as: 2008 WL 787282 (Tex.App.-Tyler 

Discretionary Review Refused Nov. 5, 2008. 

06/01/08 New Zealand 

LDS Raphael Caccioppoli admitted to 13 charges of child sexual abuse which included 
committing indecent act on a boy under the age of 10 and 12. "A source close to the Latter- 
day Saints told the Sunday Star-Times Caccioppoli had told church social agencies and 


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leaders about his offending and was told to "try harder".. "The LDS church excommunicated 
the Justice Ministry judicial officer (Caccioppoli) following a church court hearing in June last 
year.” “Police become aware of his offending only after a tip-off from one of his associates in 
September." CACCIOPPOLI-Ralph Cacciopoli 2.pdf 

http://www.stuff.co.nz/national/crime/489301/Church-chose-to-stay-quiet-on-sex-abuse 

"The Church of Jesus Christ of Latter Day Saints was criticised for trying to deal with sexual 
offending by Raphael Guiseppe Caccioppoli, 37, who was sentenced to five years in jail" 
"Judge Robert Wolff blasted the church." CACCIOPPOLI-Ralph Caccioppoli 1 .pdf 
http://www.stuff.co.nz/southland-times/news/539179/Actions-of-church-defended-in-abuse- 

case 

“The Church of Latter-day Saints knew its Sunday School teacher Raphae Caccioppoli had 
a history of sexual offending against boys but didn't tell police because it did not think it 
legally had to." CACCIOPPOLI-Ralph Caccioppoli 2 pdf 

http://www.stuff.co.nz/national/crime/489301/Church-chose-to-stay-quiet-on-sex-abuse 

"The court was told the church knew Caccioppoli had sexually offended against boys but did 
not tell police" CACCIOPPOLI-Ralph Caccioppoli 3.pdf 

http://www.stuff.co.nz/national/crime/537463/Churchs-sex-offender-secrecy-deplored 

“In 1998 he told a Bishop in the North Island about his offending on the 12-year-old boy, one 
month after the offending took place. The police only became involved after Caccioppoli 
went to them in August 2007 amid fears allegations of other offending had been made 
against him." CACCIOPPOLI-Ralph Caccioppoli 4.pdf 

http://www.odt.co.nz/news/national/13755/former-judicial-officer-jailed-5-years-sex-offences 

"North Island Church leaders never let on they knew Caccioppoli had sexually abused boys 
in the past. They never told her family when they first opened up their home to him and 
they didn't tell the parents of the Sunday school children he taught." He was finally 


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excommunicated in 2007 after all had become public. CACCIOPPOLI-Ralph Caccioppoli 
5.pdf 

http://www.stuff.co.nz/sundav-star-times/features/feature-archive/571446/Rites-andwronas- 

alleaed-abuse-in-the-Mormon-church 

http://www.safe-nz.ora.nz/sxdb/caccioppoliraphael.htm 

08/23/08 Utah 

LDS Kyle Saucier, a Mormon missionary, is charged with abusing a 12 year old boy he 
had recently baptized. "He was charged with one count of first-degree felony aggravated 
sexual abuse of a child." Family refused to continue charges-Saucier plans to resume 
activities in his home Ward. SAUCIER-Kyle Saucier.pdf 

http://www.truthandarace.com/mormonpredator.htm 

Missionary charged with abusing 12-year-old convert By Stephen Hunt 

The Salt Lake Tribune 02/27/2007 
http://www.sltrib.com/news/ci 1 0283451 

Sex charge against missionary dropped By Melinda Rogers 

The Salt Lake Tribune Published August 23, 2008 

09/16/08 United Kingdom 

LDS Bishop Gerald Tapp was sentenced to three and a half years in jail for distributing 
and possessing indecent images of children. "Police found more than 24,000 indecent 
images and 948 movie stills of children on a family computer. He admitted 34 charges of 
making, distributing and possessing indecent images of children." He was placed on the 

Sex Offenders' Register. He had movies of children ages 6 months to 12 years. 

TAPP-Gerald Tapp.docx 

http://www.newsshopper.co.uk/news/2447 1 99. print/ 

10/09/08 Oregon 

In JACK DOE 1, Jack Doe 2, Jack Doe 3, Jack Doe 4, Jack Doe 5, and Jack Doe 6, 


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Plaintiffs, v. CORPORATION OF the PRESIDING BISHOP OF the CHURCH OF JESUS 
CHRIST OF LATTER-DAY SAINTS and The Boy Scouts of America, and The Cascade 
Pacific Council, Boy Scouts of America, Defendants. No. CV. 07-1499-PK. 

The Court recommends that Plaintiffs' motion for remand be granted. 

“ A negligence case brought against a religious organization after children were sexually 
abused by an individual at the organization working unsupervised with children was 
remanded to state court. The claim did not present an inherent federal question 
as it did not rise to the level of a First Amendment issue simply because it was 
brought against a religious organization. The plaintiffs' alleged that the organization 
violated a secular duty of care. To the extent that any such duty intersects with the First 
Amendment, it did so as a defense raised by the religious organization not as an element of 
the plaintiffs' claim. U.S.C.A. Const. Amend. 

Plaintiff's Jack Does 1-6 brought this action for sexual abuse of a child, negligence and 
intentional infliction of emotional distress on October 3, 2007, against Defendants 
Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, 
Corporation of the President of the Church of Jesus Christ of Latter-day 
Saints (together, “LDS Church”), the Boy Scouts of America and Cascade Pacific Council, 
Boy Scouts of America (together, “BSA”). Plaintiffs filed in the Multnomah County Circuit 
Court. LDS Defendants then removed to the U.S. District Court on October 9, 2007, 
asserting that federal jurisdiction is proper under 28 U.S.C. § 1 331 because First 
Amendment issues arise on the face of the complaint. The BSA Defendants either joined in 
or consented to removal. Plaintiffs' motion for remand to state court is currently before the 
Court. For the reasons set forth below, Plaintiffs' Motion for Remand ( 14) should be 
granted. 

FACTUAL BACKGROUND 

Plaintiffs' claims for sexual abuse of a child, negligence and intentional infliction of 
emotional distress arise from the alleged actions of Timur Van Dykes (“Dykes”) and 


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the action or inaction of the LDS Church and the BSA. Plaintiffs allege that the LDS Church 
knew of Dykes's predatory behavior but allowed him to continue working 
unsupervised with boys, including Plaintiffs. ( 1 HU 1-11.) Plaintiffs specifically allege the 
LDS Church is liable through respondeat superior for Dykes's actions and for its direct 
negligence in failing to implement a policy addressing child sexual abuse complaints after it 
became aware of institution-wide child abuse problems. While Plaintiffs were children 
participating in LDSChurch and BSA activities such as religious services, camping trips, 
meetings and events, Dykes acted as a Spiritual Leader and Scout Leader, and became 
closely involved with Plaintiffs. ( 1 UH 1-2.) Plaintiffs allege, under a theory of respondeat 
superior, that Dykes sexually abused and molested them in the course of his employment 
with the LDS Church and the BSA. Plaintiffs also allege that the LDS Church negligently 
permitted Dykes to continue working when they knew or should have known about his 
predatory behavior. Plaintiffs claim that, in the early 1980's, the LDS Church and BSA 
discovered Dykes had abused a child, but permitted his continued participation in LDS 
Church and BSA events. The Church and BSA undertook their own investigations of the 
allegations against Dykes. ( 1 HU 69-72.) 

*2 While Dykes's conduct gives rise to Plaintiffs' respondeat superior claims, Plaintiffs also 
allege direct and institution-wide negligence against the LDS Church in their Seventeenth 
Claim for Relief which alleges institutional failure to address the problem. Plaintiffs 
assert that the LDS Church acted negligently at an institutional level by failing to “implement 
adequate child sex abuse policies,” despite awareness that the Church had an institution- 
wide child abuse problem. (First Amended Complaint U 106.) 

At oral argument, the parties agreed that the Court should consider the remand motion 
based on the allegations contained in Plaintiffs' proposed First Amended Complaint, which 
they have not yet filed. That document adds more detailed factual allegations and modifies 
some of the claims. The proposed Seventeenth Claim alleges that LDS Defendants knew 
that pedophiles were using LDS callings and assignments to victimize children and that the 
LDS Defendants had an institution-wide child abuse problem. Plaintiffs assert that LDS 
Defendants' “failure to implement adequate child abuse policies created a foreseeable risk 
of harm to the safety of children in the care of the LDS Defendants.” (First Amended 


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Complaint U 107.) Defendants rest their federal question argument on this Seventeenth 

Claim as it implicates institutional policy of the LDS Church” 

Copy in my possession. 

JACK DOE 1-6 v COP BSA OR 2008 No CV 07-1499-PK.pdf 
entire docket for this case- 

https://www.courtlistener.com/docket/4366569/doe-1-v-corporation-of-the-presidina-bishop- 

of-the-church-of-iesus-christ/ 

01/02/09 California 

LDS John D. Parkinson "was a Mormon Stake President who used his position of trust as 
a doctor and religious leader to molest and misdiagnose women and children who attended 
the Mormon Church. A female member became concerned about his care and collected 
accounts of his abuse and brought them to the Mormon leadership. He was protected by 
the Church higher authorities and this woman moved away branded as a troublemaker. This 
allowed him free reign among the membership and it took years to get his license to 
practice medicine removed." 

PARKINSON-John D Parkinson.pdf 
http://www.oocities.ora/wsimister/ldscourt.htm 

http://www.childpro.ora/ldscases.html 

02/08/09 Utah 

LDS William Butcher sexually abused 12 children from infants to teens. He was booked 
on multiple counts of forcible sexual abuse and sodomy on children. He plead guilty. He 
was sentenced to 18 years to life in Utah State Prison. 

BUTCHER-William Butcher 1.pdf 

http://www.sltrib.com/news/1403131-155/abuse-butcher-admittedaccordina-abused- 

attempted 

Provo man who admitted to abusing 12 kids sent to prison By JESSICA MILLER | The Salt 


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Lake Tribune FIRST PUBLISHED First Published Jun 24 2014 

02/10/09 California 

In John AJ Doe v. Corporation of the Presiding Bishop of the Church of Jesus Christ 
of Latter-Day Saints, et al.,(2009, 2010) Orange County Superior Court there was a 
“major confidential settlement against three parties on the eve of trial, and $1 00,000.00 
settlement against entities of the Church of Jesus Christ of Latter-Day Saints during appeal, 
in claim of individual alleging childhood sexual abuse at the hands of an elder in the 

Mormon Church.” 

http://www.californiasexualabusefirm.com/professionals/vince-w-finaldi/ 

John AJ Doe v. Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter- 
Day Saints, et al.,(2009, 2010) Orange County Superior Court 2.pdf 

02/14/09 Mansfield, 

England 

LDS Raymond Parkin " is a devout member of the Mormon Church and has been for 29 
years," but was imprisoned for 18 years for "serious sexual offenses against two young 
girls." The girls were five and six years old. “Judge Tony Mitchell told him the evidence 
against him, during his trial last month, was 'overwhelming'. Parkin's barrister Ian Way said 
the court had been told of 'terrible things' that had taken place but there was another side to 
his client.” 

PARKIN- Raymond Parkin.pdf 

http://www.chad.co.uk/news/Churchaoer-caaed-for-sex-offences.4979476.jp 

02/24/09 Illinois 

LDS David Bromley “A lawsuit was filed February 24, 2009, in the Circuit Court of Cook 
County against, brother-in-law of Christopher W. Kite, sexually abused Markeisha in Kite's 
home from 1991 through 1996. In 2002 Markeisha obtained an order of protection against 
defendants Bromley and Kite.” 

“The Mormon Church is named as defendant in the suit because Kite sexually abused the 


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minor Markeisha on at least ten occasions in the church facility at 2727 West Lake Street in 
Wilmette, Illinois, and as an ordained priest of the church, Kite was under direct supervision 
and control of the church.” 

BROMLEY-David Bromley.docx 

http://www.bishopaccountabilitv.ora/news2009/01 02/2009 02 24 PrNewswire SexualAbu 

se.htm 

Sexual Abuse Lawsuit Filed by Edmund J. Scanlan Against Mormon Priest & Church of 
Latter-Day Saints 

05/01/09 Arizona 

LDS Susan Brock was indicted on “1 5 counts of sexual contact with a thirteen year old boy 
and was sentenced to 12 years in prison for the sexual abuse of this child. It was reported 
that Susan Brock's husband and Susan M. Brock "met with LDS Stake president Mitch 

Jones and the parents of a boy ....more than a year before she was arrested.” 

BROCK-Susan Brock.pdf 

http://www.azcentral.eom/communitv/chandler/artides/2011/01/26/20110126susan-brock- 

lds-church-meetina26.html#ixzz41xBwvnp8 

05/05/09 Washington 

LDS Daniel Andrews “claimed to be a Mormon Missionary (living under a false name) 
sexually assaulted several children and experts agree that he has a high propensity to re- 
offend again and it was their opinion that that he "is likely to commit new acts of predatory 
sexual violence if not confined in a secure facility." 

ANDREWS-Daniel Andrews IN 2009 WL 1212039 WA.pdf 

Court of Appeals of Washington, Division 2. In re the DETENTION OF Daniel 
ANDREWS, Peti-tioner. No. 37515-0-11. May 5, 2009. 

Cite as: 2009 WL 1212039 (Wash.App. Div. 2) 

06/09/09 Fillmore, Utah 

LDS Keith Gillins, "A former mayor, LDS bishop and high school teacher in Fillmore has 


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been arrested on charges of having sex with a 17-year-old girl. The student came forward 
with the allegations. Gillins faces two third-degree felonies of unlawful sexual conduct with a 
17-year-old. Gillins is 61 years old.” 

GILLINS-Keith Gillins.pdf 

Millard High teacher accused of sex with female student 

By Sam Penrod | Posted Jun 9th, 2009 @ 10:07pm 
http://www.ksl. com/index. php?nid=148&sid=6762228 

08/11/09 California 

KATHLEEN B., Plaintiff and Appellant, v. CORPORATION OF the PRESIDENT OF the 
CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS et al., Defendants and 
Respondents. No. E045323. (Super.Ct.No. SCVSS111445). 

“The Superior Court of San Bernardino County. Frank Gafkowski, Jr., Judge ruled on the 
appeal on this case from which excerpts are provided: (Kathleen B alleges that when she 
was 15 years old Shubeck age 18 sexually assaulted her and Bishop Hanson told her that 
she would be punished eternally if she did not marry Shubeck.) Kathleen B appealed the 
courts decision for Summary Judgement but the Appellate court affirmed the ruling.” 

“*8 At her deposition, plaintiff testified that she was a member of the LDS Church from the 
time of birth. She was taught that the Mormon Church was the only true church and that she 
would be punished for all eternity if she did not obey. She was also taught that members of 
the priesthood were chosen by God. She was to obey the priesthood because they spoke 
for God. She first met Shubeck in September 1961, the day he raped her. This was the first 
time she had seen him. After opening the front door of her house pursuant to a knock, 
Shubeck pushed his way in and announced that he had a divine revelation from God and 
that she was to be his wife. He twisted her hand and arm behind her back, told her his 
name, and thereafter took her into a bedroom and raped her. At that time, she did not know 
whether or not he was connected with the LDS Church. She believed, however, that he was 


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a member of the priesthood because he had said he had a revelation from God. She offered 
no resistance to the rape because she knew that she was not supposed to disobey 
members of the priesthood. She was frightened, but knew that if she did not obey, God 
would punish her. During the incident, Shubeck told her not to tell anyone. Based on her 
training, beliefs and what he told her, she never told anyone about the rape. 

After this incident and before the second rape, plaintiff saw Shubeck every Sunday at 
church; he was sitting in front of the congregation preparing and blessing sacrament. In 
January 1 962, plaintiff was inside her garage when Shubeck snuck up from behind, 
grabbed her arm, and pulled it up behind her back; she was taken into the house and raped. 
She did not call out for help because she was taught not to disobey a member of the 
priesthood. She did not resist because she believed when members of the priesthood had 
revelations they spoke for God. After the rape and as Shubeck was leaving she told him to 
stay away because she was pregnant. She did not know whether or not she was pregnant; 
she simply said that to scare him away. 

As plaintiff returned home from school the next day, Bishop Donald Hanson was sitting in 
his car in her driveway. He told her and her mother that he had a divine revelation from God 
that plaintiff was pregnant and that he would marry her to Shubeck the following Monday. 
Bishop Hanson told her mother not to allow plaintiff out of her room and not to let her use 
the telephone or talk to anybody until the wedding on Monday. Plaintiff does not remember 
either she or her mother saying anything. Between the time Bishop Hanson left and the time 
of the 

marriage three days later, she stayed in her bedroom. Her mother tied a rope guide 
between the bathroom doorknob and plaintiff's bedroom doorknob so that plaintiff could not 
get out. She was told by her mother to knock on the door when she had to go to the 
bathroom. Her mother brought her some cardboard boxes so that she could pack her 
belongings. During the weekend, her mother told her that Bishop Hanson had telephoned 
and said that if plaintiff wanted a dress for the wedding, her mother could take her shopping 
on Monday during school time. She had no conversations with her mother or stepfather 


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about the married. 

*9 Plaintiff believes her mother was forced to allow the marriage. Her mother trusted Bishop 
Hanson totally. The church was her life. Her mother was told by Bishop Hanson that she 
would be punished eternally if plaintiff did not marry Shubeck. The wedding was during the 
night time. Bishop Hanson, her mother, stepfather, and William Shubeck's parents were 
there. Her stepfather, Massimo Ciampanella, signed the wedding certificate as a 
witness 

By way of declaration, Shubeck acknowledged engaging in sexual relations with plaintiff 
prior to their marriage; however, he denied sexually assaulting her 

Plaintiff married Shubeck when she was 1 5 years old and he was 18.” 

2009 WL 2438419 Court of Appeal, Fourth District, Division 2, California. KATHLEEN 

B., Plaintiff and Appellant, v. CORPORATION OF the PRESIDENT OF the CHURCH OF 
JESUS CHRIST OF LATTER-DAY SAINTS et al., Defendants and Respondents. No. 
E045323. (Super.Ct.No. SCVSS111445). 

Kathleen B v COP 2009 WL 2438419 California.pdf 

09/13/09 Wyoming 

LDS Wesley Nebeker has 18 felony warrants for criminal sexual activity with minors. He 
sexually abused 2 children from age four to age 14. Nebeker is on the most wanted list and 
may "have embedded himself into a tightly-knit Mormon Community." 

NEBEKER-Wesley.pdf 

http://archive.countv10.com/2012/05/14/10-tv-behind-the-scenes-with-americas-most- 

wanted-visit-to-lander/ 

10/30/09 Provo, Utah 

LDS Sergey Tyler Millett was accused of sexual abuse of a 14 year old girl. He was found 
guilty of attempted rape and forcible sodomy. "The LDS bishop of both Millett and the girl 


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also wrote two letters to the court, at least one of which expressed some disconnect 
between what the girl told her bishop and what she wrote in her statement.: Millett also 
pleaded guilty" in a separate incident: according to a police affidavit he and some friends 
tried to convince a 16-year-old girl to strip for them, and when she refused they held her 
down and removed her clothing." 

MILLETT-Sergey Tyler Millett.pdf 

http://www.freerepublic.com/focus/reliaion/2624037/posts 

11/23/09 Kansas 

LDS Burrell Mohler Sr, his brother and his four sons were charged with 42 counts of child 
sexual abuse. "But a church bishop, Paul Tonga, made the idiotic decision to investigate 
the matter himself. The Star reported that Burrell Jr. was excommunicated from the LDS 
church in 2007 for personal conduct unrelated to child sexual abuse." "For its part, the 
Mormon church has said Bishop Tonga should have consulted with church leaders, who 
would have told him to notify the authorities." In the early 1990s some of the grandchildren 
reportedly went to their mother about the abuse, according to poice documents. Instead of 
going to law enforcement, she told the head of her Mormon church. And nothing 
happened." MOHLER-Burrell Mohler 1.pdf "Investigators seized several dozen videotapes 
from on Mohler son's house" 

MOHLER-Burrell Mohler2.pdf 

http://www.pitch.com/FastPitch/archives/2009/11/23/star-report-calls-out-for-churches-for- 

failina-tostop-mohlers 

httD://www.bishoo-accountabilitv.ora/news2009/11 12/2009 11 20 Hart 42Charaes.htm 

12/21/09 California 

LDS Christine Shreeve Hubbs "faces 67 criminal charges for allegedly having sex with 
two teen boys." " The boy told police the sex acts with Hubbs began in December 2008, 
when he was 14. He told police he met with Hubbs multiple times for sex acts and twice 
went with her to a hotel to have sex with her. The boy said the relationship continued until 
January 2010. During the investigation, police learned of a second boy, who is now 14, who 


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said he had a sexual relationship with Hubbs from December 2009 through July. 

Investigators say Hubbs communicated with the teens by text messages and at times used 
her cell phone to send sexual messages and nude pictures of herself." Hubbs was a 
married Mormon and had children. 

HUBBS-Christine Shreeve hubbs. docx. 

http://www.contracostatimes.com/news/ci 15697569source=rss&nclick check=1 

02/01/10 Ghana 

LDS Omale Omale Ojonugwnuwa and That Ayono Keeng were jailed 17 years for 
defilement of a 14 year old girl. Two mormon missionaries, while on their mission abused 
this girl and Omale was sentenced for 10 years in prison and Keeng was sentenced to 
seven years in prison.” 

OJONUGWNUWA-Omale Ojonugwnuwa, alias ElderOmale.pdf KEENG-That Ayaone 
Keeng.pdf 

2 Mormon missionaries jailed 17 years for defilementCiti FM Online (Adabraka, Accra, 
Ghana) A | Aug. 8, 2010 

http://209.157.64.200/focus/news/2567357/posts 

03/05/10 United Kingdom 

LDS Richard Simcock attempted to rape and sexually abuse two young girls. He was 
sentenced to 10 years in prison. 

SIMCOCK-Richard Simcock.pdf 

http://www.lancashiretelearaph.co.Uk/news/1 0342475. Rawtenstall trainee priest 

iailed for sex abuse/ 

10/04/10 Salt Lake City, 

Utah 

LDS Bishop Bruce Christensen is alleged to have failed to report that an infant child of 13 
months old was being abused by her LDS father after the infant's mother consulted the 
bishop." The bishop failed to report the abuse. Now she says she gave the Bishop a 
hypothetical situation. "It's not a prosecutable case now," said Yocum. "The law wouldn't 
require him to report a hypothetical situation." "The mother changed her story. The police 


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reports were very specific but now she's saying something different." The bishop escaped 
charges that he failed to report. 

LDS BISHOP-Christensen allegedly failed to report.pdf 

No Trial For Bishop Over Silence 

Salt Lake Tribune 30ct00 N1 By Stephen Hunt: Salt Lake Tribune 
http://www.mormonstodav.com/001006/N1Christensen01 .shtml 

10/21/10 West Jordan, 

Utah 

West Ridge Academy previously known as Utah Boys Ranch or Rehabilitation Ranch 
which the LDS Church admits to providing “oversight at West Ridge Academy since its 
inception” has been plagued with allegations of sexual and physical abuse according to 
www.MormonGulag.com: 

“Eric Norwood says that Utah Boys Ranch employees held him against his will and abused 
him during his stay as a teenager. Norwood filed a lawsuit (October 21 , 201 0) against the 
West Jordan based facility for troubled teens. 

The lawsuit alleges child sex abuse, negligence, and physical abuse that nearly led to death 
of 

Norwood. Norwood says he is speaking up about the abuse at Rehabilitation Ranch, now 
known as West Ridge Academy, in order to save others from the alleged pain he has 
suffered during and after his time there. 

Norwood discussed the allegations at a press conference. "1 was physically and sexually 
abused, systematically pretty much the entire time 1 was at the Utah Boys Ranch which is 
now called West Ridge academy from ages 15 to 18 and 1 left on my eighteenth birthday 
when they could no longer hold me," Norwood said. The civil lawsuit was filed in district 
court in Los Angeles because the statute of limitation had expired in Utah. Norwood is from 
California. 

At a fundraising event featuring Mormon Tabernacle Choir star Alex Boye, high-ranking 
Mormon Church officials not only admitted to providing oversight at the Utah 

Boys Ranch / West Ridge Academy for the last 25 years, but named and recognized the 


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LDS Family Services Social Worker in charge of West Ridge Academy - the subject of 
multiple abuse investigations and a facility that just recently settled a sex abuse lawsuit out 
of court - with an award for the Mormon Church's oversight. 

Allen Proctor, a long-time licensed clinical social worker at LDS Family Services, was also 
honored during the evening with a Legacy of Hope Award in recognition of his oversight at 
West Ridge since its inception. 

The (Mormon) Church of Jesus Christ of Latter-day Saints Provides Employees and 

Financial Support for West Ridge Academy 

“Bishop H. David Burton, the presiding bishop of The Church of Jesus Christ of Latter-day 
Saints emphasized that the LDS church “has been and continues to be a long-time 
supporter of the outstanding programs at this academy.”“Much of the furniture at the 
academy is donated from Deseret Industries and much of the food served at their cafeteria 
is provided by the Bishop’s Storehouse,” said Burton. 

References and more information: The Mormon Connection” 

sources: www.MormonGulag.com, 

Screen prints from MormonGulag contained in-WEST RIDGE ACADEMY and LDS Church 
Oversight.pdf 

WEST RIDGE ACADEMY COMPLAINT-Eric Norwood 2.pdf 

http://www.sltrib.com/home/3531870-155/alleaations-of-abuse-at-prospective-charter 

http://www.ksl. com/?nid=148&sid=18842580#4q7MLVEe5APvmSo8. 99 

11/01/10 Utah 

LDS Brandon Scott Cordero allegedly sexually abused a child for two years "Elder 

Brandon Scott Cordero was released from his mission and sent home immediately when 
the charges against him came to light,” church spokesman Scott Trotter said in February 
after Cordero’s arrest. The abuse took place prior to his mission call.” 

CORDERO-Brandon Corder.pdf 


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“Family members said while Cordero has spoken to an LDS bishop about the incident, he 
did not confess to the rape charges, which they called inaccurate. The issue, they said, is 
between Cordero, his bishop and the authorities.” CORDERO-Brandon Scott Cordero.pdf 

http://fox13now.com/2013/02/18/lds-church-releases-statement-reaardina-missionarv- 

charaed-with-child-rape/ 

http://www.ksl. com/?nid=148&sid=241 25785 

http://www.sltrib.com/sltrib/news/56185782-78/cordero-child-church-abuse.html.csp 


12/03/10 Utah 

LDS Brian David Mitchell, the perpetrator who kidnapped Elizabeth Smart “was never 
prosecuted for molesting his own children, or his three stepdaughters — Debbie Mitchell's 
children from a prior marriage.” 

“Brian Mitchell filed for divorce from Debbie Mitchell, his second wife, in 1985. He would 
later marry Wanda Barzee, his accomplice in the Smart kidnapping.” 

“Married to Brian David Mitchell for five years in the early 1980s, Debbie Mitchell sought 
help from LDS Church leaders to try to escape an abusive marriage with the man who 
would eventually be convicted of the 2002 kidnap and rape of 14-year-old Elizabeth Smart.” 

"You have closure when you get divorced. But with what he did to my children, because 
nobody believed us, there was never closure," said Debbie Mitchell, 60. "When 1 wanted to 
leave him, the bishops said, 'No, you need to work on your marriage.' 1 would go to church 
with black eyes, and they'd ask me what 1 did to make him hit me." 

“Debbie Mitchell has also written a book about her time with Brian Mitchell, titled No One 
Would Listen. Not yet published, she said it has been used to help educate bishops in The 
Church of Jesus Christ of Latter-day Saints on how to interact with members who report 
domestic and sexual violence.” 


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“Debbie Mitchell, who volunteers at the Family History Library in Salt Lake City and calls 
herself a dedicated LDS Church member, wishes church members would apologize for not 
believing her story back in the 1980s.” 

"I haven't had one person in the clergy say, 'I'm really sorry that Brian fooled us. I wish I 
would have been there for you,' " Debbie Mitchell said. "That would help." 
http://archive.sltrib.com/story.php?ref=/sltrib/news/51 88377 1 -78/mitchell-debbie-brian- 

church.html. csp 

Mitchell's ex-wife: Brian needs to acknowledge he abused us, too 
By Melinda Rogers The Salt Lake Tribune Published May 25, 2011 2:32 pm 
MITCHELL-Brian David Mitchell.pdf 

During Michell's trial, “Both Gayler and Heidi Woodridge, a stepdaughter from Mitchell's 
second marriage to Debbie Woodridge, took the stand as rebuttal witnesses for the 
prosecution. Each spoke of severe abuses they suffered during the time they lived with 
Mitchell. Both said Mitchell was very controlling and they did not believe he was mentally ill 
at the time....” 

“Gayler said Mitchell always had to be touching Barzee or herself, as if to show his 
dominance. Sometimes the touching was inappropriate, she said. But she was also afraid of 

his wrath and didn't want to do anything to get him angry 

Mitchell would expose Gayler to pornographic images and make her look at them.” 

“Woodridge lived with Mitchell from ages 9 to 12. One day while she was taking a bath, she 
said she heard movement from behind a nearby linen closet. m"l turned around and 
(Mitchell) was taking pictures of me while I was taking a bath," she said tearfully.” 

“The longest testimony of the day came from Daniel Peterson, a professor of religious 
studies at BYU and an expert in religious texts. As for Mitchell's use of archaic language, 


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Peterson said every Mormon is taught to use reverent language in prayers and blessings. 
Mainstream LDS Church members also believe they will be gods or goddesses one day. 
Ideas of repentance and forgiveness mentioned by Mitchell also come from mainstream 

LDS culture, the BYU professor testified.” 

“At times, Peterson's testimony sounded more like a lecture on religious studies than court 
testimony to determine insanity, going over stories about Nephi and Noah. 

Paul Mecham was Mitchell's LDS stake president in Salt Lake City when Mitchell was 
married to Debbie Woodridge in the early to mid-80s.” 

“Mecham testified that his first impression of Mitchell was a clean-cut, soft-spoken, good- 
looking man. But Mecham said he saw a very different person when confronted with 
allegations of "improper behavior." 

"The first sentence that included the word 'improper,' there was an explosion. This mild- 
mannered young man stood, shouted and denied any, any, any improper action of any 
kind," Mecham testified. "He then stormed out, and 1 have not seen him since." 

“When Mecham later learned Mitchell had been granted a recommend to enter a Mormon 
temple, the former stake president said he felt "dismay, almost unbelief." Outside the 
courtroom, Mecham described Mitchell as a "master manipulator" who likely deceived his 
church leaders to receive a recommend.” 

http://www.deseretnews.com/article/700087942/Stepdauahters-provide-emotional- 

testimonv-of-abuse-bv-Brian-David-Mitchell.html 

Stepdaughters provide emotional testimony of abuse by Brian David Mitchell 

By Pat Reavy @DNewsCrimeTeam 

Published: Dec. 3, 2010 7:00 a. m. Updated: Dec. 3, 2010 5:33 p.m 

MITCHELL-Brian David Mitchell 2.pdf 

12/12/10 Boise, Idaho 

LDS Stephen R. Young may have abused twenty babies who were 21 month of age or 


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younger over a 30 year period. "While Young did confess to church leaders and was 
eventually excommunicated, it wasn’t until after a fellow Boise police officer who attended 
Young’s church heard of the punishment and spoke to him that Young turned himself in on 
March 2 — two days after his abrupt retirement from the Police Department, according to 

Ada County sheriff’s arrest reports. That was about two months after church officials say 
they first talked to Young about his crimes." 

YOUNG-Stephen R. Young.pdf 

http://www.mcclatchvdc.com/2010/12/12/105162/did-fellow-mormons-cover- 

upofficers.html#.UatYidiqro8 

Did fellow Mormons cover up officer's baby molestations? Idaho Statesman/December 12, 
2010 By Patrick Orr 

01/24/11 Sacramento, 

California 

LDS Dustin Cassady was arrested by Federal investigators. Cassady was “a youth leader 
at a local ward of the Church of Jesus Christ of Latter-Day Saints after allegedly finding a 
stash of child pornography on his computer.” 

“Cassady was charged with possessing pictures on his hard drive of children engaged in 
sexual acts, and other pictures of children from his own church...” 

“FBI agents said the suspect took pictures of the shirtless children at the church without 
their knowledge, and would 

also befriend children at the church by buying them gifts....” 

“Cassady’s behavior is consistent with someone who preys on children, investigators said.” 

“No local church representatives were available for comment.” 

CASSADY- Dustin Cassady.pdf 


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LDS Youth Leader Accused Of Possessing Child Porn 

January 24, 2011 11:27 PM 

http://sacramento.cbslocal.com/2011/01/24/pastor-accused-of-possessina-child-porn/ 

06/23/11 Collierville, 

Tennessee 

LDS Anthony Webster “ will serve 8 years in prison for molesting 3 girls ages 7, 8, and 9. 

He was indicted on four counts of aggravated sexual abuse of three children under the age 
of 13. Webster pled guilty. The "parents of one of the child victims (age 6) notified 

Collierville Police Department and reported one incident of sexual assault of their child. 
(WEBSTER-Anthony Webster 3.pdf)." Mormon Bishop Stephen Kennedy, who presides 
over the congregation at the Church of Jesus Christ of Latter Day Saints. . .testified under 
subpoena that Webster, a member of the congregation , said he had committed 10 
transgressions of child molestation. Kennedy reported it to superiors in the Momron church 
through a hotline. He said the church has a system of handling matters like this based on 
state laws of reporting alleged child sexual abuse to authorities." 

WEBSTER-Anthony Weber 1 .pdf 

http://www.commercialappeal.com/news/2011/sep/29/case-aaainst-collierville-fitness- 

emplovee-advance/ 

http://www.scdaa.com/news/item/118-anthonv-webster-indicted-on-four-child-sexual- 

batterv-charaes 

http://www.scdaa.com/news/item/386-cordova-man-pleads-auiltv-to-aaaravated-sexual- 

batterv-ofchild-victims 

08/24/11 Utah 

LDS Bishop Gordon Moon was alleged to have failed to report child abuse and is accused 
of telling a 1 6 year old girl not to contact authorities. He told her "she should consider what 
her abuser was going through and also consider the potential harm her allegations could 
cause." 

LDS BISHOP-Moon 2.pdf 


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http://www.sltrib.com/sltrib/news/52443743-78/abuse-moon-report-bishop.html.csp 

http://www.deseretnews.com/article/705396310/Judae-weiahina-whether-Mormon-bishop- 

shouldstand-trial-for-failure-to-report-abuse.html 

09/15/11 Provo, Utah 

LDS Bishop Amado Rojas was accused of failing to report allegations of child abuse and 
agreed to a plea deal "that could end with the misdemeanor's dismissal." He entered into a 
diversion agreement. The alleged victim and three other girls told Rojas about the alleged 
abuse and he told the girl to "tell her parents and return for another meeting." In the interim 
the girl told her teacher who reported the alleged abuse to the authorities. "There was no 
intent to cover up any sexual abuse" said attorney Esplin. 

LDS BISHOP-Amado Gress Rojas allegedly failed to report.pdf 
http://www.sltrib.com/csp/cms/sites/sltrib/paaes/printerfriendlv.csp?id=53718474 

http://www.heraldextra.com/news/local/crime-and-courts/lds-bishop-accepts-plea-deal-for- 

failure-toreport-abuse/article 62d49103-9d8a-528b-a83f-df6eda11ca48.html 


09/22/11 Oregon 

LDS Steven Powell “ at one time was described by his wife as a loving husband and 
devout member of The Church of Jesus Christ of Latter-day Saints. He served an LDS 
mission to Argentina, was arrested and charged with possession of child pornography. “ 
POWELL-Steve Powell.pdf 

http://archive.sltrib.com/printfriendly.php?id=53450298&itype=cmsid 

http://www.deseretnews.com/article/865555284/Sins-of-the-father-Steven-Powells-behavior- 

leaves-a-legacy-of-harm.html 

10/13/11 Provo, Utah 

LDS Broch Clyde DeGraff “pled guilty forcible sexual abuse of two 16 year old girls at a 
school owned by The DeGraff's but stated its curriculum is based on the values of The 
Church of Jesus Christ of Latter-day Saints. DeGraff pled guilty to six counts of attempted 
forcible sexual abuse. He was originally facing 10 charges but some were dismissed in 


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exchange for DeGraff's plea.” 

DEGRAFF-Broch DeGraff pdfs 1 and 2. 
http://www.ksl.com/?nid=148&sid=24225756 

http://www.deseretnews.com/article/print/865574353/Ex-teacher-admitssexuallv-abusina-2- 

students-in-Pleasant-Grove.html 

11/23/11 Vancouver, 

Washington 

LDS Ryan Whitaker, "a divorce attorney with an office on Main Street in Vancouver, is 
facing charges of rape of a child and child molestation. The alleged abuse happened at the 
Church of Jesus Christ of Latter Day Saints located on Northeast 50th Avenue. Authorities 
said the victim alerted her parents and a bishop at the church. A witness also told the 
sheriff's office that Whitaker was seen paying special attention to the girl, the court 
documents said." 

WHITAKER-Ryan Whitaker.pdf 

http://www.kptv.com/storv/16113641/vancouver-sundav-school-teacher-accused-of- 

sexuallvabusina-airl 

12/10/11 Utah 

LDS Larry E. Harmon had a prior conviction for child sexual abuse in 2005 and was 
charged again with abuse in 201 1 . "According to court documents, the abuse occurred . . .at 
an LDS Church building in Orem." 

HARMON-Larry E. Harmon.pdf 

http://www.heraldextra.com/news/local/crime-and-courts/elderlv-man-charaed-with-sex- 

abuseat-lds-church-christmas/article b7af91f8-d36d-5b9f-95e2-a7d174cc5ffb.html 

02/28/12 Arizona 

LDS Unnamed Female is alleged to have sexually abused, “Brian, whose full name is 
being withheld, was a young teen when he claims a married Valley LDS church woman 
sexually abused him and showered him with gifts for a period of three years.” 


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“When Brian turned 21 that he told his friend about the abuse and then reached out to a 
church leader there who assured him he would get to the bottom of it. Brian waited for the 
response but two weeks later he says he was told to forget about it.” 

“He then reached out to his former bishop in Tempe, Greg Lake who Brian said asked him if 
he was calling to repent and apologize to the family. It's disgusting," said Brian. "It's a slap 
in the face." 

“Randy Austin, an attorney that handles sexual abuse cases for the church said "Brian 
should have been advised to go to the police." 

“The Church was quick to admit Brian's case was not handled the right way but getting a 
straight answer when it comes to handling other abuse allegations was difficult.” 

"They are counseled to call a 1-800 number, a help line," said Austin. He explained that they 
counsel church leaders on how to handle abuse and to encourage victims to go to police. 
But here in Arizona a mandatory reporting statute requires certain community leaders, such 
as clergy and priest, to report child abuse to police.” 

“Church leaders say Brian's case is an anomaly. But CBS 5 Investigates uncovered that 
might not be the case.” 

Victim-Brian.pdf 

http://www.kpho.com/story/16146484/2-alleaed-sexual-abusevictims-say-their-church- 

leaders-failed-to-report-abuse-topolice 

2 alleged sexual abuse victims say church leaders failed to report abuse 
February 28, 2012 12:56 PM EST 
By Tammy Leitner PHOENIX (CBS5) 

Victim-Brian.pdf 


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02/29/12 Provo, Utah 

LDS Eneudo Petit, “a bishop in the LDS church, is wanted on sexual abuse of a child by 
Utah County authorities. He was accused of sexual abuse of two minor girls but fled to 
Mexico then Venezuela.” 

PETIT-Eneudo Petit.pdf 

http://www.abc4.com/content/news/unsolved cases/storv/eneudo-petit-catch-a-criminal- 

Idsbishop/ z5U5iBLakSCOI -QHOWOq.cspx 

04/03/12 Massachusetts 

John DOE 1 v. CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS 
CHRIST OF LATTER-DAY SAINTS, & others. 2 No. 11-P-610. 

The Appeals Court of Massachusetts affirmed Summary Judgement in the following case: 
April 3, 2012. 

By the Court (GRASSO, FECTEAU & SULLIVAN, JJ.). 

’’MEMORANDUM AND ORDER 

PURSUANT TO RULE 1:28 

*1 The plaintiff, John Doe, appeals the allowance of summary judgment in favor of the 
defendants, the Corporation of the President (COP) of the Church of Jesus Christ of Latter- 
Day Saints (church), former clergyman Stephan Day, and his former assistant, Daniel Rice, 
and T. Stephen Fotheringham, Robert Norman, and Charles Hobbs. The plaintiff initiated a 
suit against the defendants for negligence, gross negligence, intentional infliction of 
emotional distress and civil conspiracy, relating to their alleged liability for the sexual abuse 
of the minor plaintiff by Kevin Curlew, a member of the Methuen ward of the church. As a 
result of his actions in the fall or winter of 2004, while acting as a volunteer babysitter during 
a monthly church group meeting, Curlew was convicted of two counts of assault and battery 
and indecent assault and battery on a child under fourteen, G.L. c. 265, §§ 1 3A (a), 1 3B .As 
against defendants COP, Day, and Rice, the plaintiff specifically avers that there exist 
genuine issues of material fact, effectively precluding summary judgment, as to the 
following contentions raised: (1 ) these defendants maintained a special duty to the children 
of the church, or in the alternative, through their actions voluntarily assumed such a duty, 


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and thereafter breached that duty, 

(2) they intended to inflict emotional distress on the plaintiff, and (3) they conspired to avoid 
their legal obligation to report the incidents to law enforcement. As against defendants 
Fotheringham, Norman, and Hobbs, volunteer clergyman and volunteer mission presidents, 
respectively, the plaintiff contends these individuals were grossly negligent in failing to warn 
the other church members of known dangerous propensities of Curlew. We affirm the grant 
of summary judgment on all claims. 3 


Corp., 410 Mass. 706, 716, 575 N.E.2d 734 (1991) . 

B. Summary Judgment. 1 . Negligence. The plaintiff contends defendants COP, Day, and 
Rice breached their duty to protect him from the criminal acts of Curlew because such acts 
were “reasonably foreseeable.” As to this, on this record, while we do not condone the 
actions of Curlew, we fail to discern a genuine issue of material fact upon which a rational 
jury could find liability on the part of these defendants. *2 While the possibility that criminal 
conduct will occur is always present in our modern society, liability for the criminal acts of 
third parties exists where there is a “reasonable expectation ],” that the “defendant [should] 
anticipate harmful acts of third persons and take appropriate measures to protect the 
plaintiff from harm.” Luoni v. Berube, 431 Mass. 729, 732, 729 N.E.2d 1108 (2000) . The 
defendants have produced deposition testimony suggesting that the ward and stake officials 
responsible for church affairs in the Methuen ward were unaware of any past sexual 
transgressions with children by Curlew. In particular, it is undisputed that neither Bishop 
Adams or the defendant Day had any knowledge that Curlew had prior criminal convictions 
for, or a history of, sexual abuse of children. Nor was Curlew registered as a sex offender in 
Massachusetts at this time. 4 At best, the plaintiff claims that two non-defendant former 
missionaries were given warnings expressed by Miklos Jako, an aspiring writer and 
nonmember of the church, and that these missionaries indicated at the time that they would 
report this information. However, there is no documentation of such a report, neither former 


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missionary could remember making a report, and no official of the Methuen ward or the 
stake could remember 
receiving such a report. 5 

At its core, plaintiffs argument is that the church officials in Methuen “should have known” 
more, either because the internal communication of Jako's allegations should have been 
better relayed, or because the local ward or the stake should have done more to find out 
about Curlew, based on his status as a probationer ten years earlier. This duty can not arise 
as a matter of church membership. The Supreme Judicial Court has specifically held that 
church membership “do[es] not establish ... the type of relationship to the plaintiff from 
which a fiduciary duty could possibly arise under civil law.” Petrell v. Shaw, 453 Mass. 377, 
382, 902 N.E.2d 401 (2009) . Instead, the plaintiff argues that this duty arises either 
because of a “special relationship” between the church and its members, or a duty 
voluntarily assumed by the church. Neither claim has merit. A special duty may find its 
“source in existing social values and customs”. Mullins v. Pine Manor College, 389 Mass. 

47, 51, 449 N.E.2d 331 (1983) , quoting from Schofield v. Merrill, 386 Mass. 244, 247, 435 
N.E.2d 339 (1982) . On this record, the plaintiff has failed to provide evidence as to the 
standard customs or procedures for either (1) reporting allegations of misconduct (learned 
of during the course of religious conversion) 6 within religious organizations, or (2) 
screening volunteer babysitters at informal church (or other) functions. 7 In the absence of 
such evidence, no rational jury could find for the plaintiff on a theory of special duty. See 
Kourouvacilis 

v. General Motors Corp., 410 Mass. At 716, 575 N.E.2d 734 . For similar reasons, the claim 
of assumed duty is legally insufficient. 8 The babysitting was an informal arrangement 
whereby the Relief Society, with the knowledge of the church elders, solicited volunteers 
from the ward membership. The fact that the ward had, arguably, “undertaken to render a 
service is not sufficient to impose a duty.” Mullins, supra at 53-54 & n. 10, 449 N.E.2d 331 . 
Furthermore, where the undertaking is gratuitous, the duty is only to refrain from gross 
negligence. Id. at 53 n. 10, 449 N.E.2d 331 . 

*3 In the absence of some evidence that the members of the ward relied on the ward to 


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screen babysitters at that time, or as noted above, that screening of volunteers was so 
widespread that reliance could otherwise be inferred, 9 we must conclude that this claim 
fails as a matter of law. 1 0 

2. Intentional infliction of emotional distress. No further abuse occurred after the initial 
complaint made by the plaintiff to the church. Therefore the sole ground for the claim of 
intentional infliction of emotional distress against COP, Day, and Rice is the fact that Doe 
saw Curlew at church on one occasion after he reported the abuse. The plaintiff posits that 
a “rational person” should have known that allowing Curlew to access the church premises, 
albeit under arranged supervision, following the accusations against him was “clearly 
outrageous.” See Agis v. Howard Johnson Co., 371 Mass. 140, 144-145, 

355 N.E.2d 315 (1976) . Essential to the plaintiff's claim is the underlying logic that the 
decision to allow Curlew onto the church grounds involves a type of secular action that the 
court may determine to be tortious. The First Amendment to the United States Constitution, 
however, prohibits courts from doing just that, and “places beyond [the court's] jurisdiction 
disputes involving church doctrine, canon law, polity, discipline, and ministerial 
relationships.” Petrell, supra at 381-382, 902 N.E.2d 401 , quoting from Williams v. 
Episcopal Diocese of Mass., 436 Mass. 574, 579, 766 N.E.2d 820 (2002) . See Maffei v. 
Roman Catholic Archbishop of Boston, 449 Mass. 235, 243, 867 N.E.2d 300 (2007) 
(describing religious controversies that are “off limits to our courts”). The decision to allow 
Curlew access to the church grounds and the reasons therefore inherently involves an 
assessment of Curlew's 

relationship with the church, and involve the secular review of ecclesiastical discipline and 
church doctrine. As such, we are prohibited from assigning liability to such actions. Even if 
we were not so prohibited, the undisputed facts do not sufficiently make out a claim for 
intentional infliction of emotional distress. See Jones v. Maloney, 

While it is undisputed that Curlew returned to the church after the plaintiff made the 
defendants aware of the inappropriate touching, the plaintiff offers no evidence 
that defendants COP, Day, or Rice intended this single visual encounter between the 


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plaintiff and Curlew to occur, or that they should have known it likely to occur, or that it could 
be viewed as extreme and outrageous. While this court neither questions nor seeks to 
minimize the traumatizing effect of the incident on the plaintiff, our analysis must be 
confined to the undisputed facts in the record in the context of the elements of this cause of 
action. We must conclude that the defendants' actions do not constitute intentional infliction 
of emotional distress as matter of law. Sena v. Commonwealth, 417 Mass. 250, 264, 629 
N.E.2d 986 (1994) , quoting from Agis, supra at 145, 355 N.E.2d 315 (only conduct that 
transcends all “bounds of decency and ... [and is] utterly intolerable in a civilized 
community” will rise to the level of extreme and outrageous conduct). *4 3. Civil conspiracy. 
The crux of the plaintiff's claim of civil conspiracy against COP is that the defendants waited 
sixteen days before reporting the incident to civil authorities and in the interim proceeded to 
seek legal and medical consultations. While this conduct may or may not have conformed to 
legal requirements for mandated reporters, G.L. c. 119, § 51 A , any inference that this 
course of action was part of an unlawful collusion to avoid law enforcement is speculation 
and contrary to the right, recognized by the judge below, of an individual to consult a lawyer 
prior to speaking with police, without such action used as evidence of a conspiracy. See 
Kurkerv. Hill, 44 Mass.App.Ct. 184, 189, 689 N.E.2d 833 (1998) . 

4. Actions against Norman, Hobbs, and Fortheringham for gross negligence. A claim of 
gross negligence requires “an act or omission respecting legal duty of an aggravated 
character as distinguished from a mere failure to exercise ordinary care.” Zavras v. 

Capeway Rovers Motorcycle Club, Inc., 44 Mass.App.Ct. 17, 20 n. 4, 687 N.E.2d 1263 
(1997) , quoting from Altman v. Aronson, 231 Mass. 588, 591-592, 121 N.E. 505 (1919) (it 
“is substantially and appreciably higher in magnitude than ordinary negligence”). Upon this 
record, it is undisputed that at no time during their terms as volunteer clergymen or mission 
presidents did any of these three defendants learn that Curlew had a history of sexual 
assault. First and foremost, Norman served as president of the Manchester, New 
Hampshire mission from July, 1 992, to July, 1 995, ending his tenure four months prior to 
Curlew formally joining the church. Norman further testified without contradiction that he did 
not interview nor become familiar with Curlew in any capacity. With regard to the 


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circumstances surrounding Curlew's baptism into the church, the record contains no 
evidence that either Fotheringham 11 or Hobbs 12 had actual knowledge of Curlew's past 
sexual misconduct as a result of the baptism process. 


Conclusion. For the reasons expressed above, we must affirm the allowance of summary 
judgment in favor of the defendants. 


Judgment affirmed. 


All Citations 

81 Mass.App.Ct. 1126, 964 N.E.2d 370 (Table), 2012 WL 1080445 


Footnotes 


1 By his mother and next friend, Mother Doe. We use the pseudonyms supplied by the 
parties. 


2 Stephen Day, Daniel Rice, Charles Hobbs, Robert Norman, and T. Stephen 

Fotheringham. 


3 As we affirm the decision below on the asserted grounds, we decline to address whether 
the named church defendants 

are entitled to protection under the Volunteer Protection Act of 1997, 42 U.S.C. § 14501 et 
seq. (2006). 


4 Curlew had been convicted of a sexual offense in Maine, but that conviction had been 
vacated. 


5 Bishop Adams (who is not a defendant) did know that Curlew had been on 
probation in 1995 for an altercation with his sister, and that his baptism had been 


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delayed for this reason, but Adams did not pass this information on to anyone else. It 

is undisputed that Day, who was the bishop responsible for the Methuen ward at the time 
the sexual assault took place, was unaware of the fact that Curlew had been on probation 
ten years earlier. 

6 We express no opinion as to whether the free exercise of religion would permit such an 
inquiry. See Petrell, supra at 

7 In Mullins, supra, unlike here, there was expert testimony and evidence that the college 
community had adopted standards that reflected a community consensus regarding 
safeguarding student welfare. There is no evidence in this record that, in 1995 when Jako 
spoke to the two missionaries, there was a consensus as to how that information would be 
reported or used within a church community. Nor is there evidence tending to show that in 
2004, when these events occurred, there was a community consensus that volunteer 
babysitters in churches or other religious organizations would have to be screened. 

8 In addition, the ward had also adopted a “two adult” policy, which the plaintiff claims that 
the defendants violated. However, the record reflects only that Curlew, not the defendants, 
violated the rule by following the plaintiff into the bathroom. 

9 While the plaintiff's mother offered deposition testimony that she assumed that the ward 
performed criminal offender record information (CORI) checks on volunteers, such a check 
would not have revealed any sexually based offense. 

10 We thereby hold that defendants Hobbs, Norman, and Fotheringham did not act with 
“gross negligence,” as alleged by the plaintiff. See part four, infra. 

11 While there is a baptismal certificate which suggests, as contended by the 
plaintiff, that Fotheringham must have interviewed Curlew prior to baptism, if such an 
interview occurred, and if so what was discussed, remains a matter of conjecture on 


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this record. 

1 2 While the plaintiff asserts that this fact is indeed disputed since a missionary recorded in 
a personal journal that “President Hobbs will be interviewing [Curlew],” Hobbs testified that 
he did “not recall ever meeting [Curlew] or even being aware of his baptism. 1 did not 
interview him prior to his baptism.” To the extent this fact is thereby “disputed,” we find that it 
nevertheless does not rise to the level of a genuine dispute of material fact sufficient to state 
a claim for gross negligence.” 

End of Document © 2017 Thomson Reuters. No claim to original U.S. Government Works. 
Doe v. Corporation Of President of Church Of Jesus..., 81 Mass.App.Ct. 1126... 

964 N.E.2d 370 

© 2017 Thomson Reuters. No claim to original U.S. Government Works. 2 

04/17/12 Utah 

LDS Keldon “KC” Severn Cook was charged with child abuse of a 14 year old boy whom 
he met at EFY, “a religious conference for LDS youth, according to charging documents. 
Police allege that Cook held a “position of trust” while acting in his role of youth counselor, 
and for two years, the teen and Cook stayed in touch. Documents say Cook called the teen 
one of his EFY little bros.” 

Cook, police say, is 12 years older than the teen” 

EFY counselor arrested for sex with teen Updated: Friday, April 17, 2015 | Larry D. Curtis 
http://www.kutv.com/news/features/top-stories/stories/EFY-counselor-arrested-for-sex-with- 

teen-1 1 6630.shtml#.VTHBs3D3arV 

"Keldon S. Cook, 29, pleaded guilty in October to four third-degree felonies — one count of 
attempted sexual exploitation of a minor and three counts of unlawful conduct with a 16- or 
17-year-old — admitting in court documents that he had sexual contact with a then-1 6-year- 
old boy that he met years earlier at an Especially For Youth overnight program at Brigham 
Young University." 


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Cook was sentenced to 20 years in prison. 

"The sexual contact occurred between March 2014 and March 2015, according to court 
records Prison ordered for former Mormon youth program counselor who sexually abused 
teen." 

COOK-Keldon "KC" Severn Cook.docx 

By jessica miller The Salt Lake Tribune 

Published: November 30, 2015 03:34PM 

Updated: March 4, 2016 06:15PM 

http://www.sltrib.com/home/3245820-155/prison-ordered-for-former-mormon-vouth 

06/07/12 Idaho 

DOE V. CORP. OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF 
LATTER-DAY SAINTS No. 1 :09-cv-00351-BLW (D.) 

“UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO 

Four discovery motions are pending before the Court. Plaintiff (Tom Doe) filed two motions 
to compel production of documents - one aimed at the Boy Scout Defendants (Dkt. 1 60) 
and the other at the LDS Church Defendants (Dkt. 163). Defendants responded with 
motions for protective orders that address largely the same issues. (Dkts. 166, 170). The 
Court heard oral argument on June 4, 2012 

FACTS: 

Plaintiff Tom Doe alleges that his scout leader sexually abused him from 1967 through 

1970, beginning when plaintiff was around 13 years old. He says the Boy Scouts of America 
and the LDS Church jointly ran his scout troop, and that both organizations "knew that the 
Scouting program itself posed a danger to adolescent boys because the Scouting program 
had shown a concrete, longstanding, consistent, and widespread problem with sexual 
abuse by Scout leaders and adult volunteers." Second Am. Compl., Dkt. 1 1 0, ^ 24. Doe 


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asserts various claims against the Boy Scouts and the Church, including fraud by omission. 

The Requests for Production from the Boy Scouts of America are ruled as follows: 

1 . the Court will limit the time period to 1 950 through 1 972 

(seventeen years before the first alleged abuse and two years after the last) for requests 
seeking documents that could show defendants' 

alleged knowledge regarding child sex abuse within scouting. The Court will typically use a 
more restrictive time period - 1962 to 1972 -for requests seeking documents that could 
show what the defendants did with this knowledge 

2. The Boy Scouts Defendants are ordered to produce responsive documents for the time 
period 1950 to 1972, subject to a protective 

order. The parties are ordered to meet and confer to work out the precise terms of the 
protective order, but, at a minimum, the protective 

order should provide that the following names be redacted before the documents are 

produced: (1 ) the alleged victim; (2) the alleged 

perpetrator; and (3) the people who reported the alleged abuse. 

3. Request No. 24 asks for: 

All complaints or petitions that have been filed against Defendant BSA in any state or 
federal court from 1910-1972, which allege sexual misconduct by an employee, agent, 
and/or adult volunteer of Defendant BSA perpetrated against a minor involved in Scouting. 
The Boy Scout Defendants are ordered to produce all responsive documents, although the 
time frame will be limited to 1950 to 1972. 

4. Request No. 25 asks for: 

All deposition transcripts and videos of deposition testimony given by Paul Ernst and 
successive BSA Directors of Registration related to lawsuits alleging sexual abuse. 

The Boy Scout Defendants are ordered to produce responsive documents, though the 
scope will be limited. Responsive documents should include only those where the named 


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individuals testified regarding abuse that occurred during 1950 to 1972. Further, the Boy 
Scouts are ordered to produce documents within their custody and control, even if the 
documents are not in their actual possession. See generally Fed. R. Civ. P. 34 (a)(1) (party 
may serve document request asking for documents within responding party's "possession, 
custody, or control, . . . ."). 

Request No. 3 - Reporting and Investigation Policies 

Request No. 3 asks for All documents pertaining to how reports of sexual abuse perpetrated 
by adult volunteers against Boy Scouts 

should be reported, investigated, and/or otherwise addressed by Defendant BSA, local 
councils, and/or Boy Scouts troops during the time period 1910-1972. 

The Boy Scout Defendants offered to produce responsive documents for the time period 
1962 to 1970. The Court will order the Boy Scout Defendants to produce responsive 
documents for a slightly broader period - from 1962 to 1972. 

Request No. 5 - Sex Abuse Prevention Documents 

Request No. 5 asks for All documents pertaining to sexual abuse prevention and/or the risk 
of sexual abuse of Boy Scouts by adult volunteers, which were distributed to adult 
volunteers, parents or guardians of Boy Scouts, and/or Boy Scouts themselves during the 
years 1910-1972. The Boy Scout Defendants are ordered to produce responsive 
documents for the time period 1962 through 1972. 

Request No. 23 - Meeting Minutes. 

Request No. 23 asks for: All minutes of all meetings of the National Office, Boy Scouts of 
America, and Management Executive Staff from 1910-1972, which pertains to the sexual 
abuse of Boy Scouts." The Boy Scout Defendants are ordered to produce responsive 
documents, but the time frame will be limited to 1 950 to 1 972. 

Request No. 28 - Information Related to IV Files 

This requests asks for: "All versions of BSA's internal memorandum regarding the 


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procedures for creating an IV File." The Boy Scout 

Defendants are ordered to produce responsive documents, but the time frame will be limited 
to 1950 to 1972. 

Request No. 33 - Warnings to Scouts, Parents, Volunteers 

This requests asks for: All documents distributed to adult volunteers, parents or guardians 
of Boy Scouts, or Boy Scouts themselves in Troop 101 during the time period 1962-1972 
that specifically warn about and/or address the subject of adult volunteers who sexually 
abuse Boy Scouts. The Boy Scout Defendants agreed to produce responsive documents for 
the time period 1967 to 1972. These defendants are ordered to produce documents 
responsive to the broader time frame set out in the request - 1 962 to 1 972. 

REQUESTS FOR PRODUCTION FROM THE CHURCH ARE RULED AS FOLLOWS: 

1 ,:Request No. 18 asks for:AII documents concerning any allegation of child abuse against 
any stake president, bishop, home teacher, youth group leader, Sunday school teacher, or 
person in any other calling or assignment, occurring during the period 1950 to 1972. In their 
briefing, the parties began referring to these documents as "historical documents." 
Additionally, at this point, plaintiff has narrowed the request to historical documents for LDS 
churches within the State of Idaho. The Church indicated that historical documents typically 
include benign records, such as Sunday meeting programs. Church counsel also indicated 
that searching through microfiche records to produce these documents would be 
exceedingly difficult. The Court denies this request because plaintiff has not shown how the 
larger category of documents sought (records for the whole state)is relevant. The Church is, 
however, ordered to follow through on its offer to produce historical documents for plaintiffs 
Nampa ward and stake dating back to 1950 

2. Request No. 19 asks for: 

All documents concerning any settlements, releases, waivers, closure, or any other 
resolutions of any allegations of inappropriate conduct with children, against any of the 


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persons mentioned in Request No. 18 above, whether such resolution of allegations was 
made with or without litigation. Plaintiff says he will settle for a generic chart (with no 
identifying, confidential information) detailing settlement of child sex abuse claims, 
where the abuse occurred between 1950 and 1972. The Church is ordered to produce a 
generic chart detailing settlement of sex abuse claims, where the abuse occurred between 
1950 and 1972 and either (1 ) occurred in a scouting context, or (2) was perpetrated by a 
person who, at the time of the abuse, had some affiliation with the scouting program even if 
the abuse itself did not occur as part of a scouting activity. 

This request asks for: 

All petitions or complaints from lawsuits filed against the LDS Church or any LDS Church 
related entities thatcontain allegations of sexual child abuse occurring during the time period 
1950-1 972. The Church is ordered to produce complaints (regardless of when filed) where 
the a minor plaintiff alleges sexual abuse between 1950 and 1972 that either (1) occurred in 
a scouting context, or (2) was perpetrated by a person who, at the time of the abuse, had 
some affiliation with the scouting program even if the abuse itself did not occur as part of a 
scouting activity. Request No. 23 - IV Files 

3. Request No. 23 asks for "[a]ll documents concerning the Boy Scouts of America's Red 
Files, Confidential Files, or Ineligible Volunteer Files." The Church says it did not find out 
about the IV files until "well after" the 1950 to 1972 time period. Plaintiff, however, wants 
any documents - created at any time - that show how the Boy Scouts and the Church 
shared knowledge of child sex abuse problems within their organizations. Plaintiff's motion 
on this request is denied. If plaintiff is trying to prove the LDS church had a duty to warn him 
about the dangers of pedophiles in scouting, the church's knowledge of the IV files in the 
years leading up to and during his scouting activities is relevant. But if the LDS found out 
about these files "well after" that time frame, this does not speak to the church's then- 
current knowledge of pedophiles using scouts to access and molest young boys. 

4. Request No. 25 - Depositions 


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Request No. 25 asks for: 

All deposition transcripts and videos of deposition testimony given by any agent, official, 
representative, or leader of the LDS Church related to lawsuits alleging sexual abuse. 

This request again raises the issue of whether sex abuse cases outside the scouting 
context are relevant, as the Church has offered toproduce deposition transcripts of church 
"leaders and agents related to claims of abuse in scouting during the 1950-72 time period." 
The Court will therefore deny plaintiffs motion, although the Court will order the Church to 
follow through on its offer to produce documents and will further broaden the scope of 
responsive documents to include claims where a minor plaintiff alleged sex abuse that 
either (1) occurred in a scouting context, or (2) was perpetrated by a person who, at the 
time of the abuse, had some affiliation with the scouting program even if the abuse itself did 
not occur as part of a scouting activity. 

ORDER 

IT IS ORDERED: 

1 . Plaintiff's Motion to Compel Production of Documents by the Boy Scouts of America (Dkt. 
160) is GRANTED in part, and DENIED in part, as explained above. 

2. The Boy Scout's Motion for a Protective Order (Dkt. 166) is DENIED, as the Boy Scouts 
sought an order denying any discovery of the perversion files. Nonetheless, as explained in 
the body of this decision, the Court is ordering the Boy Scouts to produce perversion files 
subject to a protective order. The parties are ordered to meet and confer in an effort to draft 
a mutually acceptable proposed order. If necessary, the Court's law clerk, Marci Smith (208- 
334-9019), is available to assist in this effort. 

3. Plaintiff's Motion to Compel Production of Documents from the LDS Church (Dkt. 163) is 
GRANTED in part and DENIED in part, as explained above. 

4. The LDS Church Defendants' Motion for a Protective Order (Dkt. 170) is GRANTED in 
part, and DENIED in part, consistent with the rulings made above. Further, to the extent 
plaintiff originally sought to compel production of church membership and disciplinary 
records, the motion is DEEMED MOOT. 

5. The parties are further ordered to meet and confer as to the timing of any document 
productions ordered herein. The Court's law clerk is available to assist in informally 


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resolving disputes regarding the timing of these productions. Defendants should be aware, 
however, that the Court will err in favor of compelling a speedy production.” 

DOE V CORP. OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF 
LATTER-DAY SAINTS IDAHO JUN 7 2013.PDF 

Honorable B. Lynn Winmill 

https://casetext.com/case/doe-v-corp-of-the-presidina-bishop-of-the-church-of-jesus-christ- 

of-latter-dav-saints-1 

DOE V.CORP. OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF 
LATTER-DAY SAINTS Idaho Jun 7 2013.pdf 

07/23/12 Salt Lake City, 

Utah 

Shawn Thomas Whiting “a former Boy Scout leader and hospital employee will go to 
prison for collecting and making child pornography to a one to-1 5-year prison term on four 
second-degree felony counts of sexual exploitation of a minor. Whiting pleaded guilty to the 
charges in April 2012.” Whiting worked for Intermountain Health Care as a registrar at LDS 
Hospital and Alta View Hospital and had previously served as a Boy Scout leader.” 

WHITING-Shawn Thomas Whiting.pdf 
http://www.ksl.com/?nid=148&sid=21 194241 

08/14/12 New Mexico 

LDS Patrick "Robbie" Oliphant, “a Mormon missionary, turned himself in for sexually 
abusing a female child according to police report but he had told his Mission President, 
Stephen Hess. He sexually abused a five-year-old girl that he was babysitting for. The 
mother of the child reported to the Carlsbad police. Oliphant "is facing charge on six counts 
of criminal sexual penetration of a minor and three counts of criminal sexual contact of a 
minor." 

OLIPHANT-Patrick Oliphant.pdf 

http://www.currentaraus.com/ci 23467396/carlsbad-police-mormonmissionarv-turns- 

himself-sexual-abuse 


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08/31/12 Idaho 


Tom DOE, Plaintiff, v. PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF 
LATTER-DAY SAINTS; President of the Church of Jesus Christ of Latter-Day Saints; 
Boy Scouts of America; Ore-lda Council of the Boy Scouts of America, Defendants. 
No. 1 :09-cv-00351-BLW excerpts from the MEMORANDUM DECISION AND ORDER by 
B. LYNN WINMILL , Chief Judge In United States District Court, D. Idaho, follows: 

“INTRODUCTION 

*1 Plaintiff Tom Doe was a member of Boy Scout Troop 1 01 in Nampa, Idaho, which was 
sponsored by the LDS Church. He alleges that he was repeatedly sexually abused by his 
Scoutmaster and Quorum Advisor Larron Arnold. He claims that both organizations knew 
about the danger of abuse. But instead of disclosing this danger to Doe, they promoted 
scouting as a safe, trustworthy, and fun organization for boys. According to Doe, they 
also represented that Arnold was a trusted youth leader worthy of his Scoutmaster role 
despite knowing that he had previously molested another boy. In 2008, Doe filed a 
complaint naming as defendants two governing entities of the LDS church (“Church 
Defendants”) and two governing entities of the Boy Scouts of America (“Boy Scout 
Defendants”). Doe asserts several claims against Defendants, including constructive fraud. 
Both the Boy Scout and Church Defendants seek summary judgment on Doe's constructive 
fraud claims. The Church Defendants also ask the Court to reconsider a previous decision 
relating to choice of law. The Court heard oral argument on August 27, 2012, and took the 
matter under advisement. 

Having considered the briefs and the record, as well as oral argument, the Court will deny 
both the Boy Scouts and the Church Defendants' motions for partial summary judgment 
(Dkts. 197 & 198). The Court will also deny the motion to strike (Dkt.209). 

BACKGROUND 

1. Factual Background Plaintiff Tom Doe was born in 1953. Between 1965 and 1971, Doe 
was an active member of Boy Scout Troop 1 01 , a troop sponsored by the Nampa, Idaho, 
2nd Ward of the Church of Jesus Christ of Latter-Day Saints. Church Defs' SUF 2-3, 
Dkt. 197-2. According to troop rosters, Doe joined Troop 101 in 1964. Scout Defs' SUF ^ 5, 


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Dkt. 198— 

1 . The Boy Scouts invited Doe to join Scouts by making its program available to Doe 
through the sponsoring organization, the LDS Church. Pi's SDF If 30. Larren Arnold became 
Scoutmaster of Troop 101 in 1 964, the same year Doe joined. Arnold was also Doe's 
Quorum Advisor. Id. If 5. As Scoutmaster and Quorum Advisor, Arnold led spiritual, 
educational, and Boy Scout-related activities for the youth of the Nampa 2nd Ward and Boy 
Scout Troop 101. Id. At If 4. Doe's experience with the Aaronic Priesthood in the LDS 
Church taught him to trust, obey, and respect his Scoutmaster. Id. If 31 . His experience with 
the Boys Scouts, which encouraged and fostered close, friendly, trusting relationships 
between Scouts and Scoutmasters, reinforced his trust in Arnold. Id. If 33. Doe's recollection 
is that Arnold was a close friend to both him and his family, as he was Scoutmaster for 
Doe's two brothers. Id. Arnold allegedly gained the trust of Doe through time spent together, 
discussions, and mentorship. But Doe's father does not remember meeting Arnold, much 
less remember him as a close family friend. Id. It is undisputed, however, that Arnold led 
Troop 101, including Doe, on overnight camping trips throughout Idaho. In addition, Doe 
accompanied Arnold, alone, on several day trips into Oregon to fish and search for potential 
camp sites for the troop. Id. If 29. During at least five of these trips associated with scouting 
in both Oregon and Idaho, Arnold sexually abused Doe. Id. If 29. The abuse in Idaho 
occurred during the overnight camping trips with Troop 101 . The abuse in Oregon occurred 
when Doe accompanied Arnold on day-trips into Oregon. Id. If 29. According to Doe, his 
experience mirrors examples of other Scout experiences set forth in the Ineligible Volunteer 
Files maintained by the Scouts: 

“Scouts entrusting themselves to a Scout leader's guidance and protection while on 
camping trips, hiking trips, sleep overs, or other events, only to be sexually abused by the 
Scout leader.” Pi's SDF If 36. 

*2 Doe claims that the Boy Scouts of America “has always had a known problem with adult 
volunteers abusing Scouts.” Pi's Resp. at 10, Dkt. 203. In the 

early 1900s, the Boy Scouts of America began keeping “Ineligible Volunteer Files” on 


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individuals banned from volunteering in scouting. Id. ^ 23. The “Perversion” category 
contains the most files and comprises any type of sexual misconduct, including child abuse. 
Id. ^ 24. Before Doe became a Scout, the Boy Scouts of America had compiled “thousands 
of incidents of child abuse” within scouting involving its adult volunteers. Id. And by the time 
Doe joined scouting, Boy Scouts of America was creating approximately 40 to 60 
Perversion Files each year. Id. Indeed, Doe claims that both the Boy Scout and the Church 
defendants had specific notice that Arnold was a child molester and danger to children. 
Richard White, a member of the Nampa 2nd Ward, testified that he told Bishop Leon Hales 
that his son, also a Scout in Troop 101, had been molested by Arnold, his Scoutmaster. Id. 
Bishop Hales purportedly responded that he would “take care of it.” And a week later, 

Bishop Hale told White that he “had taken care of it.” Id. Hales was a member of the Ore- 
Ida Council, the local Council for the Boy Scouts of America, when this conversation 
allegedly took place in the fall of 1964. Id. U 45. 


Because of the abuse by Arnold, Doe has suffered physical and emotional damages. Id. If 
52. His physician diagnosed him with post-traumatic stress disorder as a result of the 
abuse. Id. Doe says that he also suffers from other behavioral issues related to the sexual 
abuse, such as avoidance, dissociation amnesia, compartmentalization, and denial. Id. 
Additionally, he claims, he suffers from a number of other physical ailments from the abuse, 
including hypertension , high blood pressure , acid reflux , and sexual dysfunction. Id 

4. Conclusion 

In conclusion, the Court will deny both the Church 
and the Scout Defendants' motions for partial summary 
judgment on Doe's fraud claims. The Court does not know 
whether the claims will bear out at trial, but Doe has 
presented enough evidence to present the issue of fraud to 
a jury 


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ORDER 

IT IS ORDERED THAT: 

1 . LDS Church Defendants' motion for partial summary 
judgment (Dkt.197) is DENIED. 

2. The Boy Scout Defendants' motion for partial summary 
judgment (Dkt.198) is DENIED. 

3. The LDS Church Defendants' Sealed Motion to Strike 
(Dkt.209) is DENIED. 

All Citations 

Not Reported in F.Supp.2d, 2012 WL 3782454 

Doe v. Presiding Bishop of The Church of Jesus Christ of..., Not Reported in... 

© 2017 Thomson Reuters. No claim to original U.S. Government Works. 1 

2012 WL 3782454 

Only the Westlaw citation is currently available.” 

TOM DOE V COP No 1-09-cv-00351-blw Orders on 4 motions.pdf 

09/13/12 United Kingdom 

LDS Daniel Cupryna, “Assistant stake clerk and Stake Technology Specialist in 
Middlesbrough Ward, Billingham Stake, UK was charged with having 38,500 child abuse 
images. 

Officers seized a computer, hard drives and three phones and found a total of 38,566 
indecent still and moving images of children, showing girls aged 8 to 10”. Cupryna 
downloaded the images and videos from April 2004 until September 2012 when the police 
raided his home. He admitted to 20 charges-16 counts of making and one of possessing 
indecent photographs of children, and three counts of possessing prohibited images of 
children.” 

CUPRYNA-Daniel Cupryna. docx 

https://theukdatabase.com/2014/09/11/daniel-cuprvna-middlesbrouah/ 



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11/09/12 Holland 

LDS Mattias Heinrichs sexually abused a 14 year old girl while on his mission of the LDS 
Church. Heinrichs pleaded guilty. He was called a "wolf in sheep's clothing" by one mother. 
Heinrichs was jailed for two years. 

HEINRICHS-Matthias Heinrichs.pdf 

http://www.thetelearaphandaraus.co.uk/news/10036964.Missionarv at Mormon church jail 

ed for aroomina teenaaer/ 

11/12/12 Victoria, 

Australia 

LDS Unnamed Woman perpetrator abused a teenage girl. "The accused, a Mormon, was 
teaching Sunday school when she met the victim, aged 11 at the time. The perpetrator 
pleaded guilty of indecent acts with a child under 16, sexual penetration of a child. The 
victim told a doctor, who reported the offending to police." 

UNNAMED LDS WOMAN PERPETRATOR in AU.pdf 

http://www.theaae.com.au/victoria/female-teacher-pleads-auiltv-to-sexcharae-20121123- 

29vts.html#ixzz2D26m4KiY 

12/04/12 Australia 

LDS teacher Predator Unnamed was “A devout Mormon Sunday school teacher who 
sexually abused a teenage girl in her care has today been jailed for a least a year.” 

The judge said the woman began abusing the girl when she was not coping with all the 
difficulties in her own life. 

The woman had been a respected church member, teacher, daughter, wife and mother, 
which made her fall from grace so much harder to understand, the judge said. 

She was teaching Sunday school for the Mormon Church when she first met the victim, who 
had been 1 1 years old at that time. 

In 2009 when the girl was 15 and after her parents had separated, she went to live with the 
woman and her husband and their three sons. The secondary school teacher would visit the 
victim three to five times a week as she slept in the lounge room, kissing and touching her. 


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The woman, 39, pleaded guilty to five charges including sexual penetration of a child under 
her care and committing an indecent act with a child under 16. 

The woman was jailed for a total of three years and one month with a one year non-parole 
period and placed on the sex offenders register for life.” 

LDS teacher Predator Unnamed.pdf 

http://www.theaae.com.au/victoria/mormon-teacher-iailed-over-abuse-of-airl-20121204- 

2as8d.html 

12/17/12 Utah 

LDS Derrick Starley was sentenced for “the inappropriate contact with a 16 year old while 
he was serving a mission for the Church of Jesus Christ of Latter-day Saints in Chubbuck.”. 
He pleaded guilty “JaNiece Prices, assistant chief deputy prosecutor for Bannock County 
did just that. She said that based on the present investigation report and psycho-sexual 
evaluation, Starley did not appear to be a substantial risk to re-offend, but that he did need 
treatment for an addiction to pornography.” 

STARLEY-Derrick Starley.docx 

Utah man sentenced for crime committed on LDS mission in Chubbuck By Jimmy Hancock 
jhancock@journalnet.com | Posted Dec 17, 2013 

http://www.idahostateiournal.com/members/utah-man-sentenced-for-crime-committed-on- 

Ids-mission-in/article a7ff4c2a-67 1 3-11 e3-87d6-001 a4bcf887a.html?mode=jqm 


02/14/13 Colorado 

LDS Brian Robbins, a Scoutmaster arrested for having child pornography and was 
booked on two counts of exploitation of a child. 

ROBBINS-Brian Robbins.pdf 

http://www.westword.com/news/brian-robbins-mormon-scout-master-busted-for-child- 

pornoaraphv-5900090 


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03/04/13 Utah 

LDS Timothy Bothell is sentenced for sexual abuse of 2 girls ages 11 and 13. “When 
Bothell was arrested the LDS Church dismissed him from his position in the church stake 
high council. Bothell pled guilty to one count of attempted aggravated sexual abuse of a 
child and one count of lewdness involving a child.” 

BOTHELL-Timothy Bothell.pdf 

http://www.standard.net/Police/2013/03/02/Ex-IDS-worker-sentenced-to-jail-instead-of- 

prison-for-child-sex-abuse 

04/01/13 Phoenix, 

Arizona 

LDS Russel Dean Millsaps, “A retired Mesa police sergeant arrested on suspicion of child 
sex crimes, pleaded not guilty at his arraignment Monday.... 66-year-old Russell Dean 
Millsaps was taken into custody March 14 after a search warrant was served at his home. 

He was booked into jail on suspicion of child molestation and sexual exploitation of a minor. 
Investigators reportedly found sexually graphic images of young children on his cell 
phone. . . .3TV also learned that Millsaps was a leader at an LDS church not far from his 
home in central Mesa.” The children were ages 4 and 7. 

(Retired Mesa Police Sgt. pleads not guilty in child sex crimes case by Tami Hoey 
azfamily.com Posted on April 1, 2013 

http://www.azfamilv.com/news/Retired-Mesa-Police-Sat-pleads-not-auiltv-to-sexual- 

exploitation-of-a- minor-200922351 .html 

MILLSAPS-Russel Dean Millsaps l.docx) 

“Millsaps was sentenced to 323 years in prison following his conviction on child exploitation 
charges stemming from a probe by U.S. Immigration and Customs Enforcement’s (ICE) 
Homeland Security Investigations (HSI) and the Mesa Police Department, multiple counts of 
child molestation, crimes against children, and sexual exploitation of a minor. The probe 
targeting Millsaps began in 2013 after HSI special agents in New Orleans alerted local 
investigators about a Mesa man who responded to an internet advertisement soliciting 
images of children being sexually exploited. Further investigation resulted in the execution 
of a search warrant at Millsaps’ Mesa residence, where authorities seized hundreds of 


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images and videos depicting the sexual abuse of children that he was sending over the 
internet. 

On March 14, 2013, Millsaps was arrested and held without bond. Over the course of the 
investigation, authorities identified multiple minor victims.” 

RETIRED MESA POLICE SERGEANT SENTENCED TO 323 YEARS FOR CHILD 
MOLESTATION BY: ADI NEWS SERVICES JULY 28, 2016 

MILLSAPS-Russel Dean Millsaps 2.docx 

https://ARIZONADAILYINDEPENDENT.COM/2016/07/28/RETIRED-MESA-POLICE- 

SERGEANT-SENTENCED-TO-323-YEARS-FOR-CHILD-MOLESTATION/ 

04/11/13 Salt Lake City, 

Utah 

LDS Cesar Duran, “a member of the LDS bishopric in Orem Utah, was booked on 
suspicion of two counts of sexually abusing a child. The child was a 13 year old girl and the 
abuse happened in the church building when the family helped to clean the building.” 

DURAN-Cesar Duran.pdf 

http://www.palmbeachpost.com/ap/ap/crime/local-lds-church-leader-accused-of-child- 

sexabuse/nXJ45/ 

http://www.kutv.com/news/features/local/stories/vid 3557.shtml 

05/14/13 Panama, 

Chiriqui 
Province 

LDS Unnamed BISHOP “was charged before the Public Ministry with sexual abuse and 
pedophilia against a child under seven years of age. 

A leader of the Church of the Latter Day known as the "Mormons" in the province of 

Chiriqui, was charged with the prosecution of sexual abuse and pedophilia against a child 
under seven years of age.” 

"This man, using his performance as a bishop, took advantage of the confidence of parents 
and their religious principles, and sexually abused the minor, so we have decided to file this 
complaint for investigation," said jurist. 


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"This man, using his tenure as bishop, took advantage of the trust of parents and religious 
principles, and sexually abused the minor, so we have decided to file this complaint for 
investigation," the jurist” 

“The lawyer explained that inside the room where the religious was located were some 
videos with pornography, however, the investigations have already begun by the Fifth 

Circuit Office of Chiriqui. The lawyer explained that in the room where he lived the religious 
were found some videos with pornography, however, investigations have begun by the Fifth 
Circuit Prosecutor of Chiriqui.” 

“This means tried to contact the authorities of the Mormon Church, but before multiple 
efforts no answer was obtained, only it was known by a member of the chapel that the 
bishop has been separated from the position, while the investigations last. This means that 
the bishop has been removed from the office for the duration of the investigations.” 

LDS BISHOP-unnamed.pdf 

http://www.diaadia.com.pa/impacto/acusado-de-abuso-sexual-202115 

05/29/13 San Diego, 

California 

LDS Tony Burleson “was booked on four counts of lewd and lascivious acts with children.” 
San Diego County sheriff’s deputies had been looking for Burleson since Friday when they 
were contacted by an alleged victim claiming abuse decades ago. Detectives interviewed 
the person and then found three more victims in this case but would not go into specifics in 
order to protect the victims’ identities.” 

“When asked if there were any recent victims, San Diego County Sheriff’s Department Lt. 
James Bolwerk said, “We believe right before this was found out, there may have been 
something going on.” Prosecutors say Burleson allegedly abused three children over the 
course of the past eight months,” 


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“Burleson has been charged with two counts of oral copulation on a 17-year-old, which 
allegedly happened six to eight weeks ago. Prosecutors say Burleson told the minor he/she 
could make money off the sex acts.” 

“He has also been charged with lewd and lascivious acts with children 14 and 15 years old”. 

BURLESON-Tony Burleson. docx 

http://www.nbcsandieao.com/news/local/Tonv-Cappv-Burleson-Arrest-Firearms-lnstructor- 

Santee-EI-Cajon-209390101 ,html#ixzz4hFiMTiLu 

Follow us: @nbcsandiego on Twitter | NBCSanDiego on Facebook 

06/26/13 Boise, Idaho 

“John Does l-IV sued the Boy Scouts of America and the Church of Jesus Christ of 
Latter-day Saints, in Federal Court. Four former Scouts say they were molested by Scout 
leaders three of which were LDS. 

“John Doe 1 stated that in 1982 he was sodomized and subjected to "physical, sexual and 
emotional abuse," by his LDS scout leader James Schmidt.” 

“Doe 1 claims that both BSA and LDS Church were notified as early as 1979 that Schmidt 
was a pedophile and had been abusing Scouts.” 

“Caldwell police arrested Schmidt in 1983 after interviewing 16 Scouts and their parents 
who documented an undisclosed number of cases involving abuse of minors. Schmidt was 
ultimately ordered by the court to complete treatment at Johns Hopkins Hospital in 

Baltimore, for "severe pedophilia," according to the complaint.” 

Doe II claims Schmidt began abusing him in 1985, when he was 12 years old. 

Doe III claims he was abused for a week by Scout LDS scout volunteer Dennis Empey, 
during a camping trip in 1981 . Doe was 14 at the time. "Defendant BSA placed Empey on 
its Ineligible Volunteer Files (IV Files) for molesting Scouts in 1988," the complaint states. 

"Letters in Empey's IV File document that one of the victims - a member of the LDS Church 


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- told his father in 1987 that Empey had abused him in 1981 at an LDS Chapel in Idaho 
Falls. No one from BSA reported this incident to the police." 

“Empey was convicted of molesting children in Provo, Utah in 1991 , according to the 
complaint. That year he moved back to Idaho and was hired by the Teton Council of BSA to 
do graphic design work, the complaint states.” 

"In association with another case in Idaho in 2005, a man filed an affidavit stating that 
Empey had molested him in 1983 at the Island Park Scout Camp," the complaint states.” 

Doe IV, alleges that he was molested in 1972 by Scoutmaster Lawrence Libey whose 
religious affiliation is unknown. The abuse involved fondling, oral sex, and sodomy and 
Libey forcing Doe IV to have sex with another boy, Doe IV says in the complaint. He claims 
the abuse occurred "hundreds of times and lasted for approximately 6 years." 

The BSA Files, according to the complaint, state that: 

"Between 1920 and 1935, at least 1,000 child molesters, between 50 to 60 per year, were 
discovered and subsequently excluded from scouting.” 

"Now, 1,365 IV Perversion files still exist that were created between 1960 and 1985, with 25 
to 96 IV Perversion files created per year during that time frame. However, the number of IV 
Perversion files still existing significantly under represent the actual number of adult 
volunteers that molested scouts because defendant BSA has destroyed many IV Files for a 
variety of reasons, and because many children do not report their abuse." 

“Seven Scout leaders in Idaho alone were accused of molestation between 1962 and 1977, 
and three more accusations arose between 1978 and 1983, according to the complaint” 
“The plaintiffs claim the BSA and the LDS Church were well aware of the problem. The LDS 
Church, through individual wards, sponsors many Scout troops in Idaho, and many Scout 
leaders and volunteers are members of the church, according to the complaint.” 


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"Scouting was the official program for boys in the LDS Church, and many boys growing up 
in the LDS Church were required or strongly encouraged to join scouting," 

http://www.courthousenews.com/2013/06/26/58849.htm 

Boy Scouts, Mormon Church Accused of Abuse 

By PHILIP A. JANQUART 

John Doe l-IV v BSA and the Church of Jesus Christ of Latter-day saints 

Courthousenews.pdf 

07/22/13 Washington 

N.K., an adult proceeding under a pseudonym v the LDS Church in the Court of 
Appeals of the State of Washington. 

“Appellant NK1 was molested in 1977 by a volunteer scout leader with a church-sponsored 
Boy Scout troop in Shelton, Washington, when 

The NK was 12 years old. Thirty-two years later, NK brought negligence claims against the 
church, the Boy Scouts of America (BSA), and the local boy scouting council, for failing to 
protect him. These claims were dismissed on summary judgment on the ground that the 
defendants owed no duty to protect NK from a danger of which they were unaware. 

We reverse as to the church and remand for trial. The church had a protective relationship 
with NK. From this relationship, a duty arose to take reasonable precautions to protect 
children in the church's care from foreseeable hazards, a category that may include the risk 
of child sex abuse by scout leaders. This duty does not depend on the church having prior 
knowledge that its volunteer scout leader was a molester. In any case, there is evidence 
that church officials did become aware of the volunteer's dangerous propensities several 
months before he left town. We also reverse orders that limited NK's discovery from the 
church in time and scope. 

As to the scouting defendants, we affirm. There is no evidence that they had a special 
relationship either with NK or with the adult volunteer who molested him. 


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FACTS 


According to NK, Hall began sexually molesting him in the early summer of 1977, about a 
week after they met. The first two incidents occurred at NK's home. NK testified that the 
only reason he ever let Hall into his house when his parents were not there "was because 
he was one of our Scout leaders." The third incident occurred during a troop sleepover at 
Hall's apartment. Other incidents occurred during scouting campouts, in the church scout 
cabin after scout meetings, in Hall's car in the church parking lot, or at Hall's workplace. In 
all, Hall molested NK 20 to 30 times, approximately on a weekly basis. 

Hall also molested at least two of NK's fellow scouts during scouting events and sleepovers. 
One scout who was not molested stopped participating in Troop 155 because Hall made his 
family feel uncomfortable. On a Sunday at the end of the summer, Worthy learned from her 
six-year -1 old son that Hall had molested him. Worthy reported the abuse to the bishop the 
same day. The bishop told her not to call the police and that he would "take care of it." The 
bishop tried to contact Hall. Hall gathered his things from Worthy's home and left town the 
same night. The bishop called church members in Juneau and made other efforts to 
contact Hall, but Hall could not be located and he never returned. The bishop held a 
meeting with the parents of the scouts and asked them to discuss Hall with their sons. 
Questioned by his parents and then by the bishop, NK denied that Hall had molested him. 
He did not tell friends or siblings about it either. 

NK filed this complaint in November 2009 against BSA, a congressionally -1 chartered 
national organization, and Pacific Harbors Council of Boy Scouts of America, one of 
numerous local councils chartered across the country by BSA. The complaint also named 
two church defendants: Corporation of the President of The Church of Jesus Christ of 
Latter-Day Saints and Corporation of the Presiding Bishop of The Church of Jesus Christ of 
Latter-Day Saints. The two church defendants, who filed a joint answer and are jointly 
represented, are corporations established to carry out the temporal affairs of the LOS 


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church, a world-wide religious organization with over thirteen million members. 

NK alleged that each defendant owed him a duty to protect him from the criminal acts of 
Hall. He claimed that they failed in their duty in various ways: by failing to check into Hall's 
background, by allowing him to supervise the children in isolated settings without another 
adult present, and by failing to train scoutmasters or warn scouts and their families about 
the danger of sexual abuse in scouting. In August 2011 , the court granted dismissal to all 
defendants on summary judgment for absence of duty. NK assigns error to the orders of 
dismissal and also to certain orders imposing limits on discovery from the church. 

....The defendants contend none of them owed NK a duty of protection because they did 
not possess prior specific knowledge that Hall posed a threat to boys. 

The court ruled that the BSA had no duty of care to the Plaintiff because the alleged 
perpetrator was never registered with the scouts but held a duty of care to the Church and 
reversed the Summary Judgement and remanded to trial. 

C.J.C. v. Corporation of Catholic Bishop of Yakima, 138 Wn.2d 699, 985 P.2d 262 (1999) is 
referred to at lenth. C.J.C. court recognized, as an issue of first impression, that a church's 
duties to its youth are the same as a school's if the molestation occurs during church 
activities, when the children are in the "custody and care" of the church: 

The children of a congregation may be delivered into the custody and care of a church and 
its workers, whether it be on the premises for services and Sunday school, or off the 
premises at church -1 sponsored activities or youth camps. As in other agency relationships, 
a church chooses its officials, directs their activities, and may restrict and control their 
conduct. In many respects, the activities of a church, and the corresponding duties 
legitimately imposed upon it, are similar to those of a school. As a matter of public policy, 
the protection of children is a high priority. In general, therefore, we find churches (and other 
religious organizations) subject to the same duties of reasonable care as would be imposed 
on any person or entity in selecting and supervising their workers, or protecting vulnerable 


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persons within their custody, so as to prevent reasonably foreseeable harm.” 

RHODES AKA HALL-Dusty Rhodes asa Dusty Hall NK v the LDS Church 67645-8.pdf 

09/19/13 Pawtucket, 

Rhode Island 

LDS Julio Morais, 51 , “guilty of four counts of first-degree child molestation for sexual 
assaults that began in 2002 when the child was 71/2 years old and continued until she was 
12. 

The victim, whose mother married and had a child with Morais, reported the assaults in 

2010 to her religious education instructor at the Church of Jesus Christ of Latter Day 

Saints. The instructor notified officials at the church’s headquarters in Salt Lake City, Utah, 
who then contacted Pawtucket police.” 

MORAIS-Julio Morais.pdf 

http://WWW.PROVIDENCEJOURNAL.COM/BREAKING-NEWS/CONTENT/20130919- 

PAWTUCKET-MAN-FOUND-GUILTY-OF-MOLESTING-HIS-STEPDAUGHTER.ECE 

PAWTUCKET MAN FOUND GUILTY OF MOLESTING HIS STEPDAUGHTER Published: 
September 19, 2013 

09/30/13 Colorado 

United States District Court, D. Colorado A.R., by her next friend, Patricia A. Pacetti, 
Plaintiff, v. The Corporation of the President of the Church of Jesus Christ of Latter- 
Day Saints, a Utah corporation sole, also known as Mormon Church, and David Scott 
Frank, Defendants. Civil Action No. 12-cv-02197-RM-KLM 

“Filed September 30, 2013 

ORDER 

Kristen L. Mix , United States Magistrate Judge: 

*1 This matter is before the Court on Defendant Corporation of the President of The Church 
of Jesus Christ of Latter-day Saints' Daubert Motion to Exclude Paul Isenstadt as an Expert 


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Witness [Docket No. 36; Filed May 15, 2013] (the “Motion”). On June 5, 2013, Plaintiff fileda 
Response [ 41] in opposition to the Motion. On June 21, 2013, Defendant Corporation of the 
President of The Church of Jesus Christ of Latter-day Saints (“LDS”) filed a Reply [ 44], The 
Court has reviewed the Motion, the Response, the Reply, the exhibits, the entire case file, 
and the applicable law, and is fully advised in the premises. For the reasons set forth below, 
the Motion [ 36] is GRANTED in part and DENIED in part. 

I. Factual Summary of the Case 

In the fall of 2009, at age fifteen, Plaintiff “A.R.”met Bryan Frank at school. A.R. Depo. [ 36- 
1] at 67:8-9. Bryan lived with his divorced father, Defendant David Scott Frank (“Frank”). Id. 
at 86:5-87:9. Defendant “Frank and Bryan were members of the Colorado Springs [Eighth] 
Ward of the LDS Church.” Motion [ 36] at 1 . Bryan soon invited A.R. to attend Sunday LDS 
worship services. A.R. Depo. [ 36-1] at 93:6-9. She first attended 

Sunday services on January 3, 2010, where she met Defendant Frank in person for the first 
time. Id. At 93:9-12. A.R. returned to the LDS church on subsequent Sundays, but she 
cannot remember how many times. Id. at 96:9-1 3.At that time, Defendant Frank was forty 
years old and taught Sunday school to thirteen- to fifteen-year-old students at the LDS 
Church, including A.R. 

Response [41] ^ 2. A.R. and Defendant Frank began to communicate frequently outside of 
LDS church functions. A.R. Depo. [ 36-1] at 136:5-24. A.R. testified in her deposition 
that they “texted” and called each other “thousands and thousands” of times between 
January 3, 2010, and June 30, 2010. Id. at 140:6-16. Most of these calls and texts occurred 
between 9:00 p.m. and 3:00 a.m. Id. At 140:19-22. Defendant Frank also sent A.R. emails 
and pictures of himself, gave her underwear as a gift, and would occasionally hug her in 
class. Response [ 41] U 3. One night in late March or April 2010 at about 1 :00 a.m., A.R. 
called Defendant Frank, invited him over to her house, and met him in Defendant Frank's 
car on the road in front of A.R. 's house. See Police Report [ 36- 2] at 1-2; A.R. Depo. [ 36- 
1] at 149:9-150:25. Although A.R. alleges that they only kissed at this first meeting, they 
subsequently met twice more in the same manner and engaged in sexual intercourse. See 


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Police Report [ 36-2]at 2; A.R. Depo. [ 36-1] at 155:24-156:24, 160:7-161 :9. The two 
continued to exchange late night phone calls and text messages during this period. Id. at 
159:1-7. 

In July 2010, A.R. learned through Facebook that Defendant Frank was engaged to marry a 
woman. See Police Report [ 36-2] at 2. She then told her mother about the encounters with 
Defendant Frank, and her mother called the police. A.R. Depo. [ 36-1] at 164:22-25, 165:6- 
7. Defendant Frank was arrested, and he pleaded guilty to a charge of sexual assault of a 
15-year-old with more than a 10-year age difference, a class 1 misdemeanor. 

Motion[ 36] at 2; see Colo.Rev.Stat. § 18-3-402(1 )(e) (“Any actor who knowingly inflicts 
sexual intrusion or sexual penetration on a victim commits sexual assault if: (e) At the time 
of the commission of the act, the victim is at least fifteen years of age ... and the actor is at 
least ten years older than the victim and is not the spouse of the victim.”). The parties agree 
that with the exception of “occasional hugging,” no sexual contact occurred between A.R. 
and Defendant Frank during either Sunday worship services or the Sunday school class 
taught by Defendant Frank. See Motion [ 36] at 2-3; A.R. Depo. [ 36-1] at 107:22- 
108:2; 121 :23-122:22; 123:16-19. *2 Here, A.R. brings suit against Defendant Frank 
for battery, negligent infliction of emotional distress, and outrageous conduct. Comp. [ 4] 
23-30, 49-53. She sues Defendant LDS for negligent hiring, negligent supervision, breach 
of fiduciary duty, and outrageous conduct. Id. 32, 37-38, 40, 44, 46-53. Plaintiff offers 
the expert testimony of Paul Isenstadt (“Isenstadt”) to support her claims. Briefly, Mr. 
Isenstadt opines: “in the determination of having [Defendant] Frank teach a class of 
students alone ... church personnel should have reviewed his history and background,” 
Isenstadt Report [ 

36-4] at 3; “[t]he role of background checks in working in this capacity has become 
increasingly mandatory in all settings in which an individual may be acting in a [p]osition of 
[t]rust,” id.; certain steps should have been taken to allow others to monitor Mr. Frank's 
classes, id. at 3-4; “a large majority of sexual offenses involve individuals who engage in a 
cycle of behavior over a period of time,” id. at 4; Defendant Frank “groomed” 1 Plaintiff A.R. , 


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id.; “[identified sex offenders ... tend to be very engaging and ingratiating in ‘setting up’ their 
victims,” id. at 5; Defendant Frank has a STATIC-99R 2 score of two, id. at 6; Defendant 
Frank's “tattoos alone, given church teachings[,] should have generated some concern” 
about his background, id.; “[t]here does not appear to be any mentoring that occurred in 
regard to [Defendant] Frank with this class of adolescents.” Id. At 8. Mr. Isenstadt also 
expresses “concern” about other topics. For example, among other things, Mr. Isenstadt 
expresses “concern” regarding his belief that Defendant LDS did not interview Defendant 
Frank or review his background and his interest in teaching. Id. At 7. In the present Motion, 
Defendant LDS asserts multiple grounds for excluding Mr. Isenstadt's testimony pursuant to 
Fed.R.Evid. 702 . First, Defendant LDS argues that Mr. Isenstadt is unqualified to serve as 
an expert “on standards of care for selecting and retaining teachers,” or on “the standard of 
care for churches.” Motion [ 36] at 5. Second, Defendant LDS argues that Mr. Isenstadt's 
opinions are unreliable, as they make assumptions that are contrary to the facts. Id. at 8. 
Third, Defendant LDS argues that Mr. Isenstadt's opinions will not assist the trier of fact, as 
they are “merely observations which are within a lay jury's ability.” Id. At 5. Defendant LDS 
addresses the allegedly objectionable opinions in Mr. Isenstadt's report one-by-one, noting 
where and how it believes each fails to meet the requirements of Fed.R.Evid. 702 and the 
standards prescribed in Daubert. 3 

The Court summarizes these objections as follows: 

1 . Defendant LDS objects to Mr. Isenstadt's opinion that Defendant Frank assumed “a 
Position of Trust in teaching a class of adolescent students” on the grounds of lack of 
expertise. Motion [ 36] at 6 (citing Isenstadt Report [ 36-4] at 3). 

2. Defendant LDS objects to Mr. Isenstadt's assertion that “the role of background checks ... 
has become increasingly mandatory in all settings in which an individual may be acting in a 
Position of Trust” on the grounds of lack of expertise and failure to specify how his 
“experience leads to the conclusion reached.” Id. (citing Isenstadt Report [ 36-4] at 3; 
Fed.R.Evid. 702 advisory committee's note) 

3. Defendant LDS objects to Mr. Isenstadt's opinions regarding classroom safety, including 


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concerns about class monitoring, on the grounds of lack of expertise 
and relevance. Id. at 7-8 (citing Isenstadt Report [ 36- 4] at 3-4). 

4. Defendant LDS objects to Mr. Isenstadt's opinions regarding “grooming” cycles on the 
ground of relevance. Id. at 8-12 (citing Isenstadt Report [ 36-4] 

at 4-5). 4 

5. Defendant LDS objects to Mr. Isenstadt's opinions regarding issues of recidivism and 
application of STATIC-99R on the grounds of relevance. Id. (citing 

Isenstadt Report [ 36-4] at 6). *3 

6. Defendant LDS objects to Mr. Isenstadt's “concern” about Defendant LDS's alleged 
failure to report Defendant Frank's misconduct to the proper authorities on the grounds of 
lack of expertise, relevance, and the “uncontradicted testimony that 

[Defendant LDS] learned about the misconduct after [A.R.'s] mother had already notified the 
police and the criminal investigation had already commenced.” Id. 
at 14 (citing Isenstadt Report [ 36-4] at 7; Depo. Of Patricia Pacetti [ 36-7] at 95:7-96:1 ; 
Depo. of Todd Miller [ 36-8] at 70:20-25, 76:9-1 7). 

7. Defendant LDS objects to Mr. Isenstadt's “concern” about why Defendant Frank was not 
interviewed, why his record was not annotated for a history of abuse, and why Defendant 
LDS was not more concerned about his tattoos, on the grounds of lack of the necessary 
qualification “to opine on the standard of care for ‘calling’ teachers,” relevance, and 
reliability. Id. at 1 4—1 5 (citing Isenstadt Report [ 36-4] at 7). Plaintiff objects to the Motion 
and contends that Mr. Isenstadt is qualified to testify as an expert in these matters pursuant 
to Fed.R.Evid. 702 . 

Response [41] 

If 9. Plaintiff counters Defendant LDS's arguments by asserting that Defendant LDS failed to 
perform either a Daubert analysis or an analysis pursuant to Fed.R.Evid. 

702 , and that Defendant LDS's “blanket objection” to the “portions of Mr. Isenstadt's report 
that are disfavorable to [Defendants'] case” is insufficient to support excluding 
Mr. Isenstadt as an expert witness. Id. If 14. Plaintiff argues that Mr. Isenstadt has not been 
endorsed, as Defendant LDS alleges, as an expert on church practices, but as “an 


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expert in practices for evaluating employees/volunteers and in evaluating sexual offenders.” 
Id. 

If 18. Plaintiff asserts that Mr. Isenstadt's fifty years of experience in these fields establish 
his expertise and his ability to testify as an expert witness on these matters. Id. If 24. 

Plaintiff also alleges than “Mr. Isenstadt's opinions are based on sufficient facts and data,” 
id. If 34, and are “instructive to the jury on issues of [Defendant] LDS's organizational 
practices for evaluating employees/volunteers, [Defendant Frank]'s behavior as [a] sexual 
offender, and [Defendant] LDS's safety practices to prevent offender behavior.” Id. 

If 29. Plaintiff further alleges that Mr. Isenstadt applied “reliable principles in arriving at his 
opinions,” satisfying the factors prescribed in Daubert. Id. If 39. In the event that 
the Court considers precluding any part of Mr. Isenstadt's testimony, Plaintiff also “moves 
the Court for a Daubert hearing to qualify Mr. Isenstadt as an expert witness in 
this matter.” Id. 

If 13. *4 In its Reply, Defendant LDS argues that “[t]his is a negligence case [, and that if 
Mr.] Isenstadt cannot testify to the relevant standard of care, he cannot be of assistance to 
the jury.” Reply [ 44] at 3. Defendant LDS again challenges Mr. Isenstadt's qualifications, 
alleging he is not an expert on background checks, classroom safety measures, or the 
applicable standard of care for churches. Id. at 3-5. Defendant LDS also makes a variety of 
arguments about the relevance and reliability of Mr. Isenstadt's specific opinions on 
Defendant Frank's “grooming” behaviors and Defendant LDS's alleged “failure to report.” Id. 
at 5-8. 

To Read the Court's Analysis in this Motion see FRANK-David Scott Frank-AR v COP.pdf 
III. Conclusion 

For the reasons set forth above, 

IT IS HEREBY ORDERED that the Motion [ 36] is GRANTED in part and DENIED in part. 
The Motion is GRANTED to the extent that it seeks to exclude all of Mr. Isenstadt's expert 
opinions except for the two portions of his expert report indicated above. 

*11 IT IS FURTHER ORDERED that portions of Mr. Isenstadt's Report [ 36-4] are 


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STRICKEN as indicated above.” 

IT IS FURTHER ORDERED that Plaintiffs request for a Daubert Hearing is DENIED. 

All Citations 

Not Reported in F.Supp.2d, 2013 WL 5463518” 

A.R. by Pacetti v. Corporation of President of Church of..., Not Reported in... 

© 2017 Thomson Reuters. No claim to original U.S. Government Works. 3 

End of Document © 2017 Thomson Reuters. No claim to original U.S. Government Works. 

2013 WL 5463518 

Only the Westlaw citation is currently available. 

FRANK-David Scott Frank-AR v COP.pdf 

10/03/13 Gig Harbor, 

Washington 

LDS Elwood Anderson, “A Gig Harbor man described as an upstanding member of the 
community and his church has been deemed Washington state’s top downloader of child 
pornography, authorities said.” 

“Upwards of 9,000-10,000 images," were found according to Lt. Ron 

Mead. And "these are hardcore graphic images of underage children,” said Mead. 

A neighbor told KIRO 7 Eyewitness News that Anderson, who goes by Woody, is married, 
the father of four girls, and according to Tony, one of the nicest people you will ever meet.” 
"We knew him to be a very upstanding citizen, member of the community, and member of 
his church community with the Mormon Church,” said Tony. 

State's top downloader of child porn busted, police say by: Richard Thompson Updated: 
October 3, 2013 

http://www.kiro7.com/news/states-top-downloader-child-porn-busted-police- 

sav/246074567?nmredir=true 

10/10/13 Texas 

In the Corporation of the President of the Church of Jesus Christ of Latter-day Saints, 
The Church of Jesus Christ of Latter-Day Saints, and The Corporation of The 

Presiding Bishop of The Church of Jesus Christ of Latter-Day Saints, Appellants, 


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versus John DOE, Appellee. No. 1 3-1 3-00463-CV. 

“The Church of Jesus Christ of Latter-day Saints filed a petition seeking permission to 
appeal an interlocutory order. See Tex.R.App. P. 28.3(a) (requiring a party seeking to 
pursue a permissive appeal of an interlocutory order to petition the court of appeals for 
permission to appeal). This petition was before Chief Justice VALDEZ and Justices 
RODRIGUEZ and GARZA. 

Excerpts from the memorandum opinion follows: 

I. BACKGROUND 

In his original petition, Doe asserted that Eustacio Munioz sexually assaulted him on 
numerous occasions from 2002, when he was fourteen years old, through 2009, when he 
was twenty-one. Doe alleged that Munioz committed an intentional tort and that the Church 
was vicariously liability for the acts of Munioz, who Doe claimed was the Church's employee 
or agent at that time. Doe alleged that the Church was directly liable for, among other 
things, negligently hiring, training, retaining, and supervising Munioz when they knew or 
should have known of his dangerous propensities. Doe also claimed in his first amended 
petition that Munioz coerced and threatened him with reports of criminal prosecution if he 
reported the assaults or otherwise made a claim. The Church filed a traditional motion for 
summary judgment. 1 In its motion, the Church contended that Doe's claims were time- 
barred by the applicable statute of limitations. Doe filed his response, asserting that there 
were fact issues and that the continuing tort doctrine and duress tolled limitations. After the 
trial court heard the motion and received additional briefing regarding the tolling doctrines, 
the trial court generally denied the Church's motion for summary judgment. Upon the 
Church's request that the trial court allow it to file a petition for permissive appeal, the trial 
court signed an amended order. The order again denied the Church's motion without 
providing a basis for the trial court's ruling. It set out the statutory language of section 
51.014(d) and rule 168 and noted the following controlling question of law: “Are the Church 
Defendants entitled to summary judgment on their statute of limitations defense?” The 
Church timely filed its petition for permissive appeal in this Court. See TEX.R.APP. P. 28.3 .” 


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The Court denied the Church's petition for permissive appeal. 

MUNIOZ-Eustacio Munioz COP v John DOE Appellee No 1 3-1 3-00463-CV 2.pdf 

11/08/13 Ogden, Utah 

LDS Orin Ervin Searle “was charged with sexually abusing a child but been deemed 
incompetent to stand trial. The abuse appeared to be repeated incidents of aggravated 
sexual abuse with the same victim. 

A victim claims that his predatory behavior has gone on from the late 50's to early 60's at 
least. She states that several family members knew that he was a child abuser and did 
nothing to stop him. She declared that “His church the LDS 44th Ward Mount Ogden Stake 
knew and did nothing.” 

SEARLE-Orin Ervin Searle. docx 

Ogden man, 87, charged with child sex abuse found incompetent Andreas Rivera, 
Standard-Examiner staff Nov 8 2013 

http://www.standard.net/stories/201 3/1 /07/man-charaed-child-sex-abuse-found- 

incompetent-trial 

01/10/14 Mesa, Arizona 

LDS Bishop Michael Wayne Coleman has been accused of sexually exploitation of a 
minor. Investigators found explicit sexual conversations with underage boys on Coleman's 
computer. This man was the Bishop of the Lehi 2nd Ward Mesa. COLEMAN-Michael 

Wayne Coleman LDS Bishop.pdf 

http://www.mvfoxphoenix.com/storv/24535211/2014/01/23/mormon-bishop-arrested-in- 

mesa-forlurina-teen-bov#ixzz2rKfwBnsD 

01/28/14 Utah 

Kareena MacGREGOR, Plaintiff and Appellant, v. Douglas WALKER, individually and 
in his official capacity as Bishop of the Willow Canyon 4th Ward, Sandy Utah East 


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Stake of the Church of Jesus Christ of Latter-Day Saints; Corporation of the 
President of the Church of Jesus Christ of Latter-Day Saints, A Utah Corporation 
sole et al.; Defendants And Appellees. No. 20120452. 

“Background: Parishioner, who was victim of sexual abuse, filed a personal injury suit 
against church pastor and church, alleging that pastor owed her a duty of care based on her 
status as a member of his congregation and that pastor negligently failed to report the 
abuse. The Third District, Salt Lake, Glen K. Iwasaki , J., granted summary judgment in 
favor of pastor and church, and parishioner appealed.” The Supreme Court, Parrish , J., 
held that church's creation of professionally staffed help line did not give rise to duty to aid 
abuse victims. Excerpts are provided as follows: 

Supreme Court of Utah. 

Opinion 

Justice PARRISH , opinion of the Court: 

If 1 We are asked to decide whether a church's creation of a help line for the benefit of its 
clergy gives rise to a duty to parishioners who counsel with clergy. Specifically, we are 
asked to determine whether, pursuant to section 323 of the Restatement (Second) of Torts, 
the Church of Jesus Christ of Latter-day Saints (LDS Church or Church) and its clergy 
voluntarily assumed a duty to aid abuse victims by virtue of its “Help Line.” This 
professionally staffed Help Line provides Church clergy who become aware of an abusive 
situation with information about legal duties and counseling options. We conclude that the 
Church's creation of the Help Line did not give rise to such a duty because, regardless of 
whether the Church voluntarily undertook to render a service to abuse victims by virtue of 
the Help Line, a clergy member's failure to use the Help Line does not increase a victim's 
risk of harm. Moreover, public policy disfavors the imposition of a duty where it would 
discourage organizations from providing services that may ultimately benefit victims of 
abuse. 


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FACTUAL AND PROCEDURAL BACKGROUND 

I. THE CHURCH'S HELP LINE 

If 2 In 1995, the Church established the Help Line, a 1-800 number that bishops and other 
Church clergy can call when they become aware of possible abuse. The Help Line is 
available 24 hours a day, 365 days a year and is staffed by legal and counseling 
professionals who “provide guidance to the bishop on how to protect the [victim] from further 
abuse, and how to deal with the complex emotional, psychological, and legal issues that 
must be addressed in order to protect the victim.” In some cases, attorneys are also 
available to “advise bishops on legal issues to ensure compliance with reporting statutes.” 

If 3 The Help Line is available only to Church ecclesiastical leaders. Help Line employees 
neither learn the names of potential victims, nor do they communicate with the victims. In 
cases where Church leaders use the Help Line, they still have the discretion to proceed as 
they believe appropriate under the circumstances. 

II. MACGREGOR'S ALLEGATIONS AGAINST THE CHURCH DEFENDANTS 

A. MacGregor's Relationship with Her Teenage Neighbor and Interactions with Clergy 
If 4 Beginning at the age of twelve and continuing until age fifteen, Kareena *708 
MacGregor engaged in regular sexual touching with her neighbor Matthew, who was four 
years older than she. MacGregor's parents, Matthew's parents, and the police each became 
aware of MacGregor and Matthew's relationship. When MacGregor was either fourteen or 
fifteen, she also met and became sexually involved with Gregory, who was seventeen at the 
time. 1 

If 5 During this time frame, MacGregor alleges that she met and counseled with her and 
Matthew's LDS bishop, Douglas Walker, on two separate occasions. 2 MacGregor allegedly 
told Walker that she wanted the relationship with Matthew to stop and that she wanted to 
repent. According to MacGregor, Walker told her to pray, read her scriptures, and stop 
seeing Matthew. MacGregor never informed Walker of her relationship with Gregory. 

Walker was aware of the Help Line and had used it on other occasions, but he did not call 
the Help Line “about any issue relating to [MacGregor].” 


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B. MacGregor's Personal Injury Suit Against the Church Defendants 
If 6 In April 2008, MacGregor filed a personal injury suit against Walker, the Church 
(collectively the Church Defendants), and several other defendants. 3 MacGregor initially 
premised her claim against the Church Defendants on the theory that Walker owed her a 
duty of care based on her status as a member of his congregation and that Walker 
negligently failed to report the abuse as required by Utah Code section 62A- 4a-403(3)(a) 
(Reporting Statute). She also alleged that the Church was vicariously liable for Walker's 
negligent conduct under the doctrine of respondeat superior. 

If 7 The Church Defendants moved for summary judgment, asserting that they owed no 
duty to MacGregor. Specifically, they argued that the Reporting Statute imposes criminal 
penalties only and does not give rise to a duty that would support a negligence claim. The 
Church Defendants also argued that there is no “special relationship” between a church and 
its members that would impose on it a duty to protect its members against the criminal acts 
of third parties. In response, MacGregor disclaimed any suggestion that the Church's duty 
arose by virtue of the Reporting Statute or a special relationship between the Church and its 
members. Instead, she argued that, by creating the Help Line, the Church voluntarily 
undertook a duty to help MacGregor and all other Church members who are victims of child 
abuse. She further alleged that Walker breached that duty by failing to call the Help Line 
regarding her case. 

If 8 Because MacGregor did not raise this voluntary undertaking theory in her complaint, the 
district court found the claim was not properly pled. But it nevertheless chose to address the 
claim “in an effort to decide the matter on its merits rather than a technicality.” After 
considering supplemental briefing regarding the Help 

Line, the district court granted summary judgment in favor of the Church Defendants. In 
granting summary judgment, the district court did not rely on the voluntary undertaking 
theory; instead it reasoned that the Church Defendants were immune from suit under the 
First Amendment of the U.S. Constitution. 

If 9 MacGregor appeals the dismissal of her claims against the Church Defendants. She 
contends that the Church voluntarily assumed a duty by virtue of the Help Line and that the 
district court erred in concluding that the Church was immune from suit under the First 


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Amendment. We do not reach the issue of First Amendment immunity because we find that 
even if the Church Defendants voluntarily undertook to render a service to *709 MacGregor 
by virtue of the Help Line, the existence of the Help Line did not increase MacGregor's risk 
of harm. We have jurisdiction pursuant to Utah Code section 78A-3-102(3) 

CONCLUSION 

If 31 We affirm the district court's entry of summary judgment in favor of the Church 
Defendants. The Church's creation of the Help Line did not give rise to a duty to MacGregor 
because, regardless of whether the Church undertook to render a service to MacGregor by 
virtue of the Help Line, the existence of the Help Line did not increase her risk of harm. The 
risk MacGregor faced was the same as that she would have faced had the Church never 
created the Help Line. And the imposition of a duty based solely on the creation of the Help 
Line would be contrary to public policy because it would discourage organizations from 
providing such services. 

Justice PARRISH authored the opinion of the Court, in which Chief Justice DURRANT, 
Associate Chief Justice NEHRING , Justice DURHAM , and Justice LEE joined. 

All Citations 

322 P.3d 706, 753 Utah Adv. Rep. 14, 2014 UT 2 
Footnotes 

1 In September 2002, at the age of fifteen, MacGregor gave birth to Gregory's baby in her 
home. MacGregor alleged that she did not know she was pregnant until after giving birth. 
The baby died after MacGregor put him in a window well. 

See State ex rel. K.M. for a more thorough recitation of the facts surrounding MacGregor's 
pregnancy and the baby's death. 2007 UT 93, 173 P.3d 1279. 

2 In their motion for summary judgment, Walker and the Church denied that Walker had any 
knowledge of the abuse, but 

they assumed knowledge solely for summary judgment purposes. 

3 MacGregor also named Gregory, Matthew, Matthew's parents and brother, Deseret 
Memorial Inc., and Holbrook Funeral Chapel Inc. as defendants in the suit. 


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4 In addition to establishing a duty, a plaintiff must also establish “(2) that the defendant 
breached that duty, (3) that the breach of duty was the proximate cause of the plaintiff injury, 
and (4) that the plaintiff in fact suffered injuries or damages.” 

Torrie v. Weber Cnty., 2013 UT 48, ^ 9, 309 P.3d 216 (internal quotation marks omitted). 

5 A court may look to general policy considerations when determining the existence of a 
duty. AMS Salt Indus., Inc. v. Magnesium Corp. of Am., 942 P.2d 315, 321 (Utah 1997). As 
Dean Prosser famously noted, “Duty is not sacrosanct in itself, but is only an expression of 
the sum total of those considerations of policy which lead the law to say that the plaintiff is 
entitled to protection.” W. PAGE KEETON ETAL, PROSSER AND KEETON ON THE LAW 
OF TORTS § 53(5th ed.1984). 

End of Document © 2017 Thomson Reuters. No claim to original U.S. Government Works. 
MacGregor v. Walker, 322 P.3d 706 (2014) 

753 Utah Adv. Rep. 14, 2014 UT 2 

© 2017 Thomson Reuters. No claim to original U.S. Government Works. 1 

322 P.3d 706 

http://cases.justia.com/utah/supreme-court/201 20452. pdf?ts=1 3961 50914 

MacGregor v COP UTAH Jan 2014 No 20120452.pdf 

03/25/14 Layton, Utah 

LDS Timothy Morgan Butler “was arrested on “March 25, 2014, after a 10-year-old girl 
accused him of touching her inappropriately, court records say. He told officers he sexually 
abused another child under the age of 10 around the same time as the first child, according 
to court records. Butler pleaded guilty to three counts of attempted aggravated sexual 
abuse of a child. 

Butler told a judge he found God when serving jail time 20 years ago (he was ordered to 
serve a year sentence in the Davis County Jail 20 years ago for a drug possession charge) 
when he read the Book of Mormon. Timothy Morgan Butler explained as he spoke at a 


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scheduled sentencing hearing before Judge Glen Dawson on Tuesday, Sept. 6, in 2nd 

District Court. Butler said he was a member of the LDS Church at that time.” 

BUTLER-Timothy Morgan Butler.pdf 

Layton man accused of child sex abuse tells Judge how he found God LORETTA PARK, 
Standard-Examiner TUESDAY, SEPTEMBER 06, 2016 

http://www.standard.net/Courts/2016/09/06/Lavton-man-accused-of-child-sex-abuse-tells- 

judae-how-he-found-God 

05/12/14 Provo, Utah 

LDS Keith Robert Vallejo, a Mormon Bishop was found "guilty of nearly a dozen sex 
abuse-related crimes... 4th District Court jury found Vallejo guilty often counts of second- 
degree felony forcible sexual abuse and one count of object rape, a first-degree 

felony The second victim reported to police that Vallejo also groped her while she was 

sleeping on a couch at the Vallejo home in 2014, when she was 17 years old.A family 
member reported the abuse to police in January 2015, according to court records. A lawyer 
with the firm that represents the Church of Jesus Christ of Latter-Day Saints also reported 
the allegations during that time." 

VALLEJO-Keith RobertVallejo.pdf 

http://www.sltrib.com/news/51 1 1 1 97-1 55/no-one-is-reallv-savina-hes?paae=2 

05/22/14 Colorado 

Ashley Lindeman, Plaintiff, v.The Corporation of the President of the Church of Jesus 
Christ of Latter-Day Saints, a Utah Corporation Sole a/k/a the Mormon Church; and 
David Scott Frank, Defendants. Civil Case No. 12-cv-02197-RM-KLM 

“LDS Defendant Frank, is 40 years old and is alleged to have sexually abused a child of 15 
years. Frank was the 1 5 year-old-girl's Sunday School Teacher. On April 1 8, 201 1 , 

Defendant Frank pled guilty to sexual assault with a 10-year age difference, a class 1 
misdemeanor. An action against the Church was brought by the Plaintiff:” 

Signed May 22, 2014 


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“Synopsis 

Background: Parishioner brought action against church and Sunday School teacher, 
alleging various tort claims, including battery and negligence, relating to sexual encounters 
between parishioner and teacher when parishioner was 15 years old. Parties cross-moved 
for summary judgment. 

Holdings: The District Court, Raymond P. Moore , J., held 
that: 

[1] genuine issue of material fact existed as to whether parishioner's claims against teacher 
were in essence claims for seduction; 

[2] under Colorado law, harm of being sexually assaulted by teacher was not foreseeable; 

[3] teacher's conduct of engaging in sexual encounter was not foreseeable; 

[4] teacher and church did not have fiduciary relationship as to parishioner; and 

[5] church exposing parishioner to teacher was not outrageous conduct. 

Motions granted in part and denied in part. 

ORDER ON MOTIONS FOR 
SUMMARY JUDGMENT 

RAYMOND P. MOORE, United States District Judge 
THIS MATTER is before the Court on the following motions: 

(1) Defendant the *1200 Corporation of the President of the Church of Jesus Christ of 
Latter-Day Saints' (“Defendant Church”) Motion for Summary Judgment (ECF No. 47); 

(2) Plaintiff Ashley Lindeman's (“Plaintiff”) Motion for Summary Judgment on Plaintiff's 
Claims of Negligent Hiring and Supervision against Defendant Church (ECF No. 49); 

(3) Plaintiff's Motion for Summary Judgment on Plaintiff's Claim of Battery against 


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Defendant David Scott Frank (“Defendant 
Frank”) (ECF No. 50); and 

(4) Defendant Frank's Motion for Summary Judgment on Plaintiff's First, Second, Fifth, and 
Sixth Claims for Relief (ECF No. 51) (collectively, “Motions”). 

On May 1, 2014, the Court heard oral argument and subsequently received Defendant 
Church's Supplement Brief (ECF No. 76). This case was originally filed in the District Court 
for the County of El Paso, Colorado and removed to this Court based on diversity 
jurisdiction under 28 U.S.C. § 1332 . Upon consideration of the Motions and related filings, 

1 the Court file, the applicable rules and law, and the argument of counsel, the Court: 

(1 ) grants Defendant Church's Motion for Summary Judgment; 

(2) denies Plaintiff's Motion for Summary Judgment against Defendant Church; 

(3) denies Plaintiffs Motion for Summary Judgment against Defendant Frank; and 

(4) denies in part and grants in part Defendant Frank's Motion for Summary Judgment. 

II. OVERVIEW 

Plaintiff met Defendant Frank through his son (“Son”), one of Plaintiff's classmates. Plaintiff 
began attending the Franks' church, Defendant Church, including the Sunday School class 
which Defendant Frank taught. Over time, and after many communications, Defendant 
Frank and Plaintiff had sexual intercourse twice. At the time, Defendant Frank was 40 and 
Plaintiff was 1 5. Defendant Frank subsequently pled guilty to sexual assault with a 1 0- year 
age difference. The issue before the Court is whether either Defendant is liable to Plaintiff 
civilly for the sexual encounters. Defendants unequivocally admit that what occurred should 
not have, and Defendant Frank's actions cannot be condoned, but argue, independently, 
each is not liable in whole or in part. The Court agrees, in part. *1201 

III. FACTUAL BACKGROUND 

Defendant Church's “Calling” of Defendant Frank to be a Sunday School teacher. 


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Defendant Church “calls” on virtually all adult members who attend church regularly to 
perform unpaid, volunteer service within their local “ward” (congregation). (ECF No. 54-5, 

If 4.) The ecclesiastical leader of a local church ward is the bishop and he has two 
counselors with whom he consults regarding most decisions, including which members to 
call to volunteer positions in the ward. (ECF No. 54-5, 

If 5.) A name may be suggested to the bishop as to whom to call. (ECF No. 54-7, page 7. 2 
) The bishop prays for inspiration and, after deciding whom to call, he conducts an 
ecclesiastical interview to determine that person's moral worthiness and willingness to 
serve. (ECF No. 54-5, 

If 6.) If the member affirms his/her worthiness and accepts the calling, the bishop or one of 
the counselors announces the assignment to the congregation in an open meeting and asks 
if there are any objections. If there is an objection, the bishop meets with the objector to 
determine the reason for his/her objection. A single objection may thwart the calling. 
Defendant Church seeks to mitigate the risk of abuse and other misconduct by drawing 
upon the collective knowledge of the congregation. (ECF No. 54- 5, If 7.) 

Defendant Church teaches abuse cannot be tolerated in any form. (ECF No. 54-5, 

If 3.) It keeps a membership record where an “annotation” is placed for any member who 
has engaged in conduct endangering children or youth. When a member's record is 
annotated, he or she is not allowed to serve with children or youth. (ECF Nos. 48-5, page 
40; 48-7.) 

Defendant Church has a 24/7 “Help Line” for bishops to call whenever they become aware 
of child abuse, which a professional therapist answers to discuss options for assisting the 
victim. An attorney may join on the call. (ECF No. 54-5, If 8.) 

The calling of a Sunday School teacher is limited to teaching a class on religious doctrine 
for about 40 minutes each Sunday in a group setting. (ECF No. 54-5, If 4.) 

Defendant Church has a “two-deep” policy for certain settings where two adults must be 


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present, including Sunday classrooms with “children” age 11 or under. 3 (ECF Nos. 54-5, If 
9; 48-5, page 48.) 

Defendant Church does not apply the two-deep policy to teenage Sunday School classes 
because there are several teenagers in the classroom, the doors are not locked, the church 
is full of people, other adults are frequently in and out of the classroom, and the class is 
short. (ECF No. 54-5, ^|1 0.) Across all of its churches, Defendant Church holds thousands 
of Sunday School classes each Sunday and is aware of only one instance of sexual 
misconduct on church property involving a Sunday School teacher and a member of his 
class. (ECF No. 54-5, H 1 1 .) That incident involved a brief grope in the hallway outside the 
classroom. (ECF 
No. 54-5, IT 11.) 

In 2008, Bishop Todd Miller was the ecclesiastical leader of the Eighth Ward of Defendant 
Church in which Defendant Frank and Son were members. (ECF No. 47-2, pages 1 2 & 21 .) 
In December 2009, Bishop Miller designated Defendant Frank as a Sunday School teacher, 
after prayerfully considering the needs of the ward *1202 and the member. (ECF No. 47-2, 
pages 15, 21 & 22.) No one in the congregation objected to his approval as a Sunday 
School teacher. (ECF No. 47-12, page 3.) Bishop Miller first met Defendant Frank in 2003, 
when Bishop Miller was a member and not a bishop. (ECF No. 47-2, pages 20-22.) 

As a Sunday School teacher, Defendant Frank's duties were limited to preparing for and 
teaching Sunday School class. (ECF No. 47-1 , pages 126-127.) At the time of his calling, 
Defendant Frank's membership record bore no annotation for abuse. (ECF No. 48-5, page 
53.) Bishop Miller had no knowledge of any criminal history involving Defendant Frank but 
was aware that around the time of the end of Defendant Frank's first marriage, he had taken 
his children across state lines. (ECF No. 48-5, pages 29, 35-37.) Bishop Miller viewed this 
as a dispute between husband and wife; a misunderstanding. (ECF No. 48-5, pages 37- 
38.) Defendant Church does not conduct background checks, and none was conducted of 
Defendant Frank. (ECF No. 47-12, page 4; ECF No. 48- 5, pages 29.) If a criminal 
background check had been conducted of Defendant Frank it would have revealed the 


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following: 4 

1 . March 26, 2002: Defendant Frank was arrested for misdemeanor violation of a restraining 
order (ECF 47-4); 

2. April 25, 2002: In a domestic relations matter, a permanent protective order was entered 
by consent with no admission of the allegations (ECF No. 47-5); 

3. January 13, 2003: After initially being arrested on March 19, 2002, Defendant Frank was 
found guilty of four counts of violation of custody (class 5 felony), fined, and sentenced to 60 
days work release and three years' probation. On January 6, 2006, Defendant Frank was 
discharged from supervision and his sentence terminated after satisfying all court orders 
and probation terms and conditions. (ECF Nos. 47-4, 47-6, 47-7.) This is the matter to 
which 

the parties refer to as “kidnapping,” which arose from Defendant Frank moving with his 
children to Tennessee (ECF No. 54-2, page 6); 

4. June 5, 2003: Defendant Frank pled guilty to violating a restraining order, resulting in a 
fine, suspended jail sentence, and probation. On April 15, 2005, he was discharged from 
further supervision and his probation sentence terminated after satisfying all court orders 
and conditions of probation (ECF Nos. 47-8 & 47-9); 

5. August 11, 2005: Defendant Frank was arrested for violating a restraining *1203 order for 
calling his exwife 38 minutes after the time permitted by the order. (ECF No. 47-10.) The 
arrest was made pursuant to a domestic violence complaint; 

6. August 24, 2005: Defendant Frank was arrested for violating a restraining order for calling 
his ex-wife eight minutes prior to the time permitted by the order. (ECF No. 47-11 .) The 
arrest was made pursuant to a domestic violence complaint; and 

7. December 1 2, 2008: Defendant Frank was arrested for misdemeanor violation of a 
restraining order. 5 He had called his daughter on her birthday. (ECF No. 54-2, page 8.) 

If Bishop Miller had knowledge of the information stated in the Colorado Database 
concerning Defendant Frank, he probably would not have extended a calling. (ECF Nos. 
48-5, pages 39-40; 48-11 .) The information shown to Bishop Miller and eliciting the 
negative response was, 

however, a summary which contained no explanation. (ECF No. 48-11 .) 


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Plaintiff's Interactions with Defendant Frank. In about the fall of 2009, Plaintiff met Son at 
school and she was attracted to him. (ECF No. 54-6, pages 85 & 89.) Plaintiff and Son had 
frequent communications by telephone and text message on a cell phone shared by the 
Franks. (ECF No. 54-6, pages 86-87.) At some point in time, Defendant Frank responded 
to a communication Plaintiff sent to Son on the shared cell phone. (ECF No. 47-1 , pages 
133-135.) Whether there was a single communication or more is disputed, but such dispute 
is immaterial under the facts and circumstances of this case. (Compare ECF No. 47-1, 
pages 133-135 with ECF No. 55-2, page 1.) 

On January 3, 2010, because Plaintiff was interested in learning about the Mormon Church, 
she attended the Eighth Ward at Son's invitation. (ECF No. 47-1, pages 88, 

93, 1 33.) There, Plaintiff met Defendant Frank in person for the first time. (ECF No. 47-1 , 
pages 91 & 135.) 

Between worship and Sunday School class, sometimes there were communications 
between Plaintiff and Defendant Frank, but Plaintiff was not sure there was any romantic or 
sexual content. (ECF No. 47-1, page 108.) In the Sunday School class Defendant Frank 
taught, there were anywhere between five and 12 students, boys and girls, in Plaintiffs age 
group. (ECF No. 47-1, pages 120-121 .) There was no co-teacher. There are two doors to 
the room, which were closed during class and, at that time, had a peephole that allowed 
people to look into the room but no window. (ECF *1204 Nos. 47-1 , page 123; 48- 5, page 
46; 48-6.) 

During class, Defendant Frank had no physical contact with Plaintiff or the other students 
but did text her while teaching. (ECF Nos. 47-1 , page 126; 52-3, pages 171-172.) Plaintiff 
was never alone with Defendant Frank during the class. (ECF No. 48-10, page 
124.) The frequency in which the class had visitors is disputed but, in this case, such 
dispute is not material. (ECF No. 47-1, page 123; 47-12, page 2.) After Sunday School 
Class, Plaintiff attended the Young Women's Class. (ECF No. 47-1, pages 97, 109.) During 
the Young Women's Class, Defendant Frank would text her to skip class and hang out with 
him, but she did not. (ECF No. 47-1 , page 118.) Sometimes, after the Young Women's 


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Class, she would help Defendant Frank put up chairs in the Sunday School room. (ECF No. 
47-1 , pages 1 09-1 10.) They were alone during that time and sometimes he would hug her, 
but there were no wandering hands. (ECF No. 47-1, pages 109-110, 123-124.) 

At some point in time, and somewhere other than at the Eighth Ward, Defendant Frank 
gave Plaintiff a gift of “Tinker Bell” panties. (ECF No. 55-2, page 2.) 6 

In late April 2010, around 1:00 a.m., Defendant Frank came over to Plaintiffs house. By 
then, Plaintiff and Defendant Frank were sexually interested in each other. (ECF No. 47-1, 
pages 147-149.) Plaintiff went out toDefendant Frank's car, willingly and without coercion, 
and, with her consent, they kissed but did not have sexual relations. (ECF No. 47-1, pages 
149 & 152.) 

In late May 2010, Plaintiff met Defendant Frank in his car outside her house again and they 
had “consensual” 7 sexual relations. (ECF No. 47-1, pages 133, 156-158.) 

This was the first time Plaintiff had sexual intercourse. (ECF No. 47-1, page 133.) 
Defendant Frank stopped going to church or teaching Sunday School class thereafter. (ECF 
No. 55-2, page 1 .) 

On June 25, 2010, a Friday evening, Plaintiff met Defendant Frank in his car outside her 
house for a third time where *1205 she again had consensual sex. (ECF No. 47-1 , pages 
160-161 .) At the time of the sexual encounters, Plaintiff was 15 and Defendant Frank was 
40. 

(ECF No. 49-3, page 5.) 

Defendant Frank led Plaintiff to believe he wanted to have a long-term relationship with her. 
(ECF No. 47-1 , page 132.) He said he wanted to marry Plaintiff and “stuff like that,” which 
Plaintiff believed was said to manipulate her into having sexual interactions. (ECF No. 47-1, 
page 132.) She thought about marrying him when she turned 18. (ECF No. 47-1 , pages 


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132-133.) 

On or about July 16, 2010, Plaintiff saw on Facebook that Defendant Frank had another 
woman in his life. Once Plaintiff realized she was not going to get married to Defendant 
Frank, she felt hurt, betrayed, manipulated and angry. (EOF Nos. 47-1, page 164; 49-2, 
pages 61 , 63-64.) She called and told her mother, who reported the matter to the police. 
(EOF No. 47-1, pages 164-165.) At first, Plaintiff told her mother that she had been raped 
because she felt like she had — that Defendant Frank had forced her mind to thinking it was 
okay. (EOF No. 47-1, page 165.) 

In October 2010, after criminal charges were filed against Defendant Frank, Bishop Miller 
became aware of the relationship and removed Defendant Frank as a SundaySchool 
teacher. 8 (EOF No. 48-5, page 17; EOF No. 11, 

^ 22.) On April 1 8, 201 1 , Defendant Frank pled guilty to sexual assault with a 1 0-year age 
difference, a class 1 misdemeanor. (EOF No. 49-3, pages 2-3.) Defendant Frank had no 
prior arrests or convictions for sexual misconduct. (EOF Nos. 47-4 to 47-11 ; 48-11 .) 
Plaintiff's suit seeks to recover damages for physical and psychological injury, “impairment,” 
and medical, psychological treatment and therapy bills and related expenses for treatment. 
(EOF No. 11, page 7.) 


V. CONCLUSION 
For the reasons stated, 

(1 ) Defendant Church's motion for summary judgment on all claims is granted and it is 
dismissed from this case entirely; 

(2) Plaintiff's motion for summary judgment on the claims for negligent hiring and 
supervision is denied; 

(3) Plaintiff's motion for summary judgment on the claim for battery is denied; 
and 


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(4) Defendant Frank's motion for summary judgment, through his joinder in Defendant 
Church's motion for summary judgment, is granted as to the claim for breach of fiduciary 
duty but denied as to all other claims. It is therefore, 

ORDERED that Defendant Church's Motion for Summary Judgment (ECF No. 47) is 
GRANTED and all claims against Defendant Church are hereby DISMISSED with 
prejudice; 

FURTHER ORDERED that Plaintiff's Motion for Summary Judgment on her Claims for 
Negligent Hiring and Negligent Supervision against Defendant Church (ECF No. 49) is 
DENIED; 

FURTHER ORDERED that Plaintiff's Motion for Summary Judgment on her Claim for 
Battery against Defendant Frank (ECF No. 50) is DENIED; and 

FURTHER ORDERED that Defendant Frank's Motion for Summary Judgment on Plaintiff's 
First, Second, Fifth and Sixth Claims for Relief (ECF No. 51) is GRANTED as to the Fifth 
Claim for Breach of Fiduciary Duty and this claim is DISMISSED with prejudice but DENIED 
as to the remaining claims against Defendant Frank. 

All Citations 
43 F.Supp.3d 1197 
Footnotes 

1 Plaintiff raised an issue as to the timeliness of two Responses. The Court finds they were 
timely. 

2 As used in this Order, the page references are to the actual page of the brief, report, or 
deposition transcript, as the case 

may be, as opposed to the page as shown on the header of the ECF document. 

3 Defendant Church refers to parishioners ages 12 to 18 as “young men and women,” not 
“children.” (ECF No. 48-5, page 48.) 

4 Defendant Church contends that any information disclosed would have been limited to 
seven years which preceded the date of the report generated from the background check. 
The evidence submitted by the parties, however, show that background checks can — and 
do — generate information more than seven years old. (ECF Nos. 47-4; 48-11; 54-2, 


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pages 5-8; 54-8, page 12.) Indeed, Defendant Church's Brief submitted such information 
for the Court's consideration. (ECF No. 47, page 6.) Nonetheless, as Plaintiff did not dispute 
Defendant Church's contention, the Court will assume, for the purposes of the Motions, that 
the information learned would have been as set forth above. 

5 Defendant Church cited to Ex. D as support, but this exhibit contains only 1 of 7 possible 
pages of a CBI report. (ECF 

No. 47-4).” 

Lindeman v. The Corporation of the President of the..., 43 F.Supp.3d 1197... 

© 2017 Thomson Reuters. No claim to original U.S. Government Works. 1 

43 F.Supp.3d 1197 

United States District Court, D. Colorado. 

LINDENMAN v COP UTAH Jan 2014 No 20120452.pdf 

06/04/14 Idaho 

JOHN DOE 1, JOHN DOE II, JOHN DOE III, JOHN DOE IV, JOHN DOE V, JOHN DOE VI, 
JOHN DOE VII, AND JOHN ELLIOTT, PLAINTIFF, V. BSA and COP DEFENDANTS 

LDS Perpetrator unnamed The Idaho Supreme Court ruled and granted a certification 
motion in part, by certifying two questions regarding: 

1. What statute of limitations applies to a constructive-fraud claim where plaintiff alleges 
that a breach of duty resulted in sex abuse? 

2. When does a claim for constructive fraud related to childhood sex abuse accrue? 

"The sixteen plaintiffs in this case joined Boy Scout troops when they were children. Some 
of the troops were sponsored by the LDS Church. The plaintiffs allege that they were 
sexually abused by their scout leaders and, further, that the LDS Church and the Boy 

Scouts organization were well aware of the dangers of sex abuse in scouting but failed to 


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disclose that danger. Plaintiffs further allege that not only did defendants remain silent about 
the dangers of pedophilic scoutmasters, but they also affirmatively represented to the boys 
that each scout leader was a "great guy," a "wonderful man," or a "friend to whom you can 
always turn for advice." See Second Am. Compl., Dkt. 47, ^ 119 (quoting various editions of 
the Boy Scout Handbook). All plaintiffs have sued the Boy Scouts organization and eight of 
the sixteen are suing the LDS Church as well." 

It is ORDERED that: 

(1) The Motion to Certify Controlling Issues to the Idaho Supreme Court is (Dkt. 38) 

GRANTED in part and DENIED in part. 

(2) The following questions are certified to the Idaho Supreme Court: a. What statute of 
limitations applies to a constructive-fraud claim where plaintiff alleges that a breach of duty 
resulted in sex abuse? 

b. When does a claim for constructive fraud related to childhood sex abuse accrue? 

(3) Pursuant to Idaho Appellate Rule 12.3(b), the Clerk of the Court shall file a certified copy 
of this Order with the Idaho Supreme Court.” 

Case 1 :13-cv-00275-BLW Document 69 Filed 06/04/14 

LDS PERPETRATORS UNNAMED USCOURTS-idd-1_13-cv-00275-1.pdf 

08/31/14 Provo, Utah 

LDS Donald Nelson Bills, a Bishop in the LDS church “55, pleaded guilty Thursday to 
forcible sodomy, a first-degree felony; object rape, a first-degree felony; forcible sexual 
abuse, a second-degree felony; obstructing justice, a second-degree felony; and tampering 
with a witness, a third-degree felony. In exchange for the plea, 10 additional charges were 


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dismissed.” 

The child was 17 years old. “Bills would talk to the girl often about his personal life, including 
his experiences in The Church of Jesus Christ of Latter-day Saints, his service in an LDS 
Church bishopric, and his absent sex life with his wife, according to the charges.” 

“Bills used his position in an LDS bishopric to convince the girl that their behavior was not 
inappropriate, according to the charges. He also told her that if their relationship was ever 
discovered, she should say they had only kissed and that she had initiated it.” 

Former Provo High teacher pleads guilty to having sex with student 

July 3, 2015 

http://www.ksl. com/index. php?sid=35337866&nid=481 

BILLS-Donald Nelson Bills l.docx 

“father insisted Bills knew "exactly what he was doing" as he coaxed the teenager into a 
relationship and then used manipulation and threats to hide it. 

"1 will never forgive Donald Bills," the father said. "My family and 1, we are hurting and 
nobody that has never gone through this will ever understand." 

http://www.deseretnews.com/article/865635773/Popular-Provo-teacher-imprisoned-for- 

heinous-sexual-aroomina-of-student.html 

Popular Provo teacher imprisoned for 'heinous' sexual grooming of student 

By McKenzie Romero, Deseret News 

BILLS-Donald Nelson Bills 2.docx 

09/23/14 Salt Lake, Utah 

LDS Michael Alan Jordan “was charged in 3rd District Court with four counts of 
aggravated sexual abuse of a child, four counts of sodomy of a child and four counts of 
forcible sodomy, all first-degree felonies. He was also charged with sexual exploitation of a 
minor and sex abuse of a child, second-degree felonies; and witness tampering and four 


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counts of dealing in harmful materials to a minor, third-degree felonies. The alleged abuse 
involved three victims, according to court records.” 

WVC police looking for potential sex abuse victims February 10th, 2015 @ 6:35pm) 
http://www.ksl. com/?sid=33426324&sc=backtomobile 

JORDAN-Michael Alan Jordan l.docx 

"Michael Alan Jordan, 34, was booked into the Salt Lake County Jail on Sept. 23, 2014 on 
allegations that he sexually abused multiple young boys in recent years. Jordan was a 
leader in the Boy Scouts of America organization from 2010-14 and an active member in the 
Church of Jesus Christ of Latter-day Saints in areas of West Valley City and Taylorsville." 

Police asking public’s help identifying victims of suspected sex offender, former Boy Scout 
leader FEBRUARY 10, 2015, BY TIFFANY DEMASTERS, 

http://fox13now.com/2015/02/10/wvc-police-seeks-publics-help-identifvina-victims-of- 

suspected-sex-offender/ 

JORDAN-Michael Alan Jordan 2.docx 

11/07/14 Washington 

Terrace, Utah 

LDS Adam Wolfe whose legal name David Michael Blackner is “a registered sex offender 
who used an alias without permission while holding leadership positions and working with 
minors in his LDS ward, police say.” 

“51 -year-old Adam Wolfe, who formerly went by the legal name of David Michael Blackner, 
is charged with two counts of violating his sex offender registry, both third-degree felonies.” 
"While in that (ward), he was involved in several programs where he had access to minors," 
Findlay said. "Because this person had access to children, there's some concern there may 
be victims out there that haven't been identified." 

WOLFE aka BLACKNER-Adam Wolfe AKA David Michael Blackner.docx 

http://www.standard.net/Police/2014/11/07/Police-Washinaton-Terrace-sex-offender-used- 

alias-in-Mormon-ward.html 


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Police: Sex offender used alias in LDS ward, worked with teens FRIDAY , NOVEMBER 07, 

2014 - 6:51 PM. By Ben Lockhart 

02/21/15 Oakland, Iowa 

LDS James Raborn, “An Oakland man, who holds a key position with a local ward of the 
Church of the Latter Day Saints, has been charged with six counts of sex-related crimes.” 

“James Raborn, 26, has been charged with two felony counts of sexual exploitation by a 
counselor or therapist, two misdemeanor counts of counts of sexual exploitation by a 
counselor or therapist as well as single misdemeanor counts of dissemination or exhibition 
of obscene materials to minors and purchase or possession of a depiction of a minor in a 
sex act.” 

“The charges stem from alleged sexual relationships with two 16-year-old females. 

Raborn was the Ward's Young Men's President.” 

RABORN-James Raborn.pdf 

http://www.nonpareilonline.com/news/local/local-lds-leader-accused-of-sex- 

crimes/article 93d41 e24-4adc-53d9-8a63-2f5e7db1 21 28.html?mode=iqm 

Local LDS leader accused of sex crimes 

Derek Sullivan 

dsullivan@nonpareilonline.com | Posted 5 months ago 

04/15/15 Utah 

LDS Scott Gollager a convicted child sex abuser, allegedly “had molested two 11 -year-old 
girls during their May and June 2012 recreational visits to the Morgan County residence. 

May 2012, Gollaher was charged with four counts of aggravated sexual abuse. Gollaher is 
now facing prosecution in two Utah counties simultaneously. In Morgan County, he faces 
four counts of aggravated sexual abuse of a child. In Salt Lake County, he faces one count 
of sodomy on a child and 1 0 counts of sexual exploitation of a minor, relating to child porn 
that was allegedly found on a computer "and digital media," at the condo, three images in 


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which Gollaher himself appeared, according to a probable-cause statement.” 

“A FBI forensic specialist located "hundreds" of images of child porn on a Gollaher's 
computer.” 

“In 1996 Gollaher was convicted of child sexual abuse of a 10-year-old girl and was 
sentenced to four years in prison. Shortly after, he was excommunicated from the LDS 
Church following a church court in Holladay, an event that distresses him to this day. He's 
concerned that publicity about his excommunication could hurt his defense in his upcoming 
trial in Mormon-dominated Morgan County.” 

“Gollaher got close to parents of children he was later accused of molesting by exploiting 
Mormon cultural commonalities. In early 1998, according to a Salt Lake County Sheriff's 
police report, Gollaher's first wife gave the police lists of names that were written by her 
husband while in the Salt Lake County jail.” 


“The four pages Gollaher had compiled included names of more than 100 pre-teen girls, 
who had, during his teenage and adult years, lived in the south end of the valley. A series of 
10 separate initials ran along the top edge of the paper, x's marked against the names 
below some or all of the initials.” 

“In the late 1970s, he went on a LDS mission to Alberta, Canada. Gollaher married and had 
two children (he and his first wife divorced in 1998).” 

http://www.cityweekly.net/utah/no-apoloaies/Content?oid=2773528&showFullText=true 

No Apologies Victim of the state or child predator, Scott Gollaher’s judgment day is looming 
By Stephen Dark @stephenpdark April 15, 2015 
GOLLAHER-Scott Gollaher.docx 


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04/21/15 Phoenix, 

Arizona 

LDS Kenne Worthen, “A married Mormon elementary school teacher had a sexual 
relationship with one of his 12-year-old students - and was only stopped when her 
classmates told other teachers, police have revealed.” 

“Kenne Worthen, 27, allegedly started flirting with the sixth grader at Longview Elementary 
School in Phoenix last August and the relationship turned sexual in January, FoxlO 
reported.” Worthen, “is also an International Pathway Adjunct Professor at Brigham Young 
University-ldaho, where he teaches life skills and English to international students, 
according to his Linkedin page.” 

'Mr. Worthen was employed by the university as an online adjunct instructor,' a university 
spokesperson told DailyMail.com. 'However, his employment was terminated as soon as the 
university was made aware of his arrest.” 

“He has also previously held after-school teacher roles in Idaho and volunteered as a Boy 
Scouts supervisor, according to his Linkedin page. The profile also suggests he is a follower 
of the Church of Latter-Day Saints. His wife, Danielle, also lists herself as a Mormon online. 
They have a two-year-old daughter together.” 

WORTHEN-Kenne Worthen. docx 

http://www.dailvmail.co.uk/news/article-3048752/Married-Mormon-sixth-arade-teacher-27- 

relationship-student-12-messaaina-iPod-app-stopped-classmates-told-staff.html 

06/11/15 Buffalo Grove, 

Illinois 

LDS Harry O. Jones, 44 “A Buffalo Grove youth group leader was sentenced to 30 months 
of probation after pleading guilty Wednesday to possession of child 
pornography.... Authorities used search warrants at Jones' home and Lake Forest office to 
seize an "extensive amount" of images and videos identified as child pornography, officials 
said. It also was determined Jones distributed several images containing child pornography, 
depicting children under the age of 13, according to police. Jones was an active member 
and leader of several youth organizations, including a suburban Mormon Church youth 


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group and a Boy Scouts group, authorities said.” 

Buffalo Grove youth group leader admits to child porn charge 

JONES-Harry 0 Jones. docx 

http://www.dailvherald.com/article/20150610/news/150619925/ 

08/04/15 Australia 

LDS Darran Scott was “charged with more that 50 counts of child sexual abuse. According 
to reports 15 boys were victimized and ranged in age from 11 to 15 years. One victim 
committed suicide December 2015. Scott's predatory behavior and “the alleged offending 
occurred between 1990 and 2015, while Mr Scott was a high-ranking member of the Church 
of Jesus Christ of Latter-day Saints.” 

SCOTT-Darran Scott.pdf 

Australian film director Darran Scott faces 50 child sex and gun 
charges Cameron Houston, Chris Vedelago 

http://www.smh.com.au/national/australian-film-director-darran-scott-faces-50-child-sex- 

and-aun-charaes-20160803-aqiuds.html 

08/27/15 Idaho 

In John DOE 1, John Doe II, John Doe III, John Doe IV, John Doe V, John Doe VI, John 
Doe VII, John Elliott, Plaintiffs-Appellants, v. BOY SCOUTS OF AMERICA, 

Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day 
Saints, Corporation of the President of the Church of Jesus Christ of Latter-Day 
Saints, Defendants-Respondents. No. 42189. 

August 27,2015 

The Supreme Court of Idaho, Boise, ruled on two certified questions and excerpts follow: 

“Synopsis 

Background: Former boy scouts brought action against Boy Scouts of America and church 
for constructive fraud, alleging that they knew they were in danger of being sexually abused 
by adult volunteers and failed to disclose danger. Boy scouts and church moved to certify 
questions. The United States District Court for the District of Idaho, B. Lynn Winmill , C.J., 


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2014 WL 2515734 , certified questions. Holdings: The Supreme Court, Burdick , J., held 
that: 

[1] three-year statute of limitations governing fraud claims applied to constructive fraud 
claims, and 

[2] statute accrued under the discovery rule when the plaintiff knew or reasonably should 
have known of facts constituting the fraud. 

Opinion 

BURDICK , Justice. 

*104 This case comes to the Idaho Supreme Court as a certified question from the United 
States District Court for the District of Idaho. 

I. FACTUAL AND PROCEDURAL BACKGROUND 

The underlying case arose out of the claims of several men who joined Boy Scout troops 
when they were children and were allegedly sexually abused by their scout leaders. The 
Church of Jesus Christ of Latter Day Saints (LDS Church) sponsored some of the troops at 
issue in this case. On June 24, 2013, Does I— IV 

1 filed a complaint — which was later amended — against Boy Scouts of America and the 
LDS Church (collectively, Respondents), alleging constructive 

fraud. 

2 The complaint alleged that Respondents knew that boys in Scouting were in danger of 
being sexually abused by adult volunteers and that Respondents failed to disclose that 
danger. The complaint further alleged that Respondents not only remained silent about the 
dangers of pedophilic scoutmasters, but also affirmatively represented to the boys that each 
scout leader was a “great guy,” a “wonderful man,” or a “friend to whom you can 

always turn for advice.” Respondents subsequently moved to certify questions to the Idaho 
Supreme Court, challenging the constructive fraud claims on several grounds. The United 
States District Court certified two narrow questions to this Court, which accepted 
certification on July 25, 2014, and designated the Does as Appellants and the Boy Scouts 
and the LDS Church as Respondents. 


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IV. CONCLUSION 

Based on the foregoing, we hold that Idaho's fraud statute of limitations, Idaho Code section 
5-218(4) , applies to constructive fraud claims and that the discovery rule under that statute 
applies in determining when a constructive fraud cause of action accrues. 

Chief Justice J. JONES and Justices EISMANN , HORTON and WALTERS , J„ Pro tern 
concur.” 

All Citations 

Doe v. Boy Scouts of America, 159 Idaho 103 (2015) 

356 P.3d 1049 

© 2017 Thomson Reuters. No claim to original U.S. Government Works. 1 

159 Idaho 103, 356 P.3d 1049 

John Doe 1-V11 & John Elliot v BAS and COP 159 Idaho 103 August 2015.pdf 

12/22/15 Utah 

LDS Daniel T. Taggart is waiting to be sentenced for sexually abusing a teenage girl at a 
sleepover has been sent back to jail. 

“Daniel Taggart, 51, was taken into custody following a hearing Tuesday after a judge 
revoked his bail for violating a protective order issued in the case. He was booked into Utah 
County Jail where he will remain until sentencing on Jan. 15. Police say Taggart provided 
alcohol for his teenage daughter and her friend at a sleepover last year, playing games with 
the girls and offering shot glasses and sex toys as prizes.” 

“After Taggart's daughter had apparently fallen asleep, the teenager told police Taggart 
turned on a pornographic video and sexually assaulted her, according to charging 
documents Taggart pleaded guilty in October to reduced charges of attempted sexual abuse 
of a child and three counts of attempted forcible sexual abuse.” 


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Bail revoked forAncestry.com founder in teen sex abuse case By McKenzie Romero , 
Deseret News Published: Tuesday, Dec. 22 2015 5:25 p.m. MST 

http://www.deseretnews.com/article/print/865644259/Bail-revoked-for-Ancestrvcom-founder- 

in-teen-sex-abuse-case.html 

“Taggert graduated from Brigham Young University bachelor with a BA of arts in 

International Relations with an emphasis on Middle East and Hebrew Taggart has been a 
successful entrepreneur in Utah. He cofounded Ancestry.com in 1997, but is no longer with 
the company. He is currently the CEO of CubbyCode Inc. and Kringles Toys and Gifts, 
according to his profile on Linkedln. He co-founded LDSAudio.com in September of 2003 
and was CEO for a year. In 1990, he co-founded and ran Infobases, Inc. for six years.” 

TAGGART-Daniel D. Taggart.docx 
https://www.ksl.com/?sid=33946352&nid=148 

Utah entrepreneur charged with sexually abusing teen at sleepover 

By Pat Reavy | Posted Mar 23rd, 2015 @ 5:59pm 

01/26/16 Louisiana 

LDS Frank Selas “was a PE teacher, soccer coach, and a member of the Southern 
California Mormon Church and Bonita Optimist Group and has a 4 decade history of child 
sexual abuse, was arrested in San Diego County on charges he sexually abused young 
children during a free camping trip nearly four decades ago.” 

“For the last 30 years, he has been living in the San Diego area under another last name, 
officials revealed Tuesday.” 

“In a statement, the Rapides Parish Sheriffs Office in Louisiana said 76-year-old Selas 
remained a fugitive for 37 years before his arrest Monday at his home in Bonita, California, 
on two counts of obscene behavior with a juvenile.” 

“In the late 1970s, Selas hosted the "Mr. Wonder" show on KNOE-TV in north Louisiana. In 


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1979, the sheriff's office received complaints from parents who accused Selas of abusing 
their children during a camping trip near Valentine Lake at Kisatchie National Forest in 
Louisiana. The three-day retreat was promoted by Selas through Ouachita Parish, 
associated with his TV personality. He promoted the trips for children ages 5-11 , according 
to a flier provided by the sheriff's office.” 

“Selas, then 39, allegedly fled the country and flew from Dallas to Rio de Janeiro, Brazil, 
before investigators could arrest him.” 

The Boy Scouts of America sent NBC 7 this statement regarding Selas: 

"This individual was removed from Scouting several years ago and precluded from any 
further participation in our program. The A Boy Scouts source told NBC 7 San Diego Selas 
worked with the Boy Scouts until 2012, when he was removed. safety of our youth members 
is of paramount importance to the BSA and we seek to prevent child abuse through a 
comprehensive program of education on the subject, the chartered organization leader 
selection process, criminal background and other checks, policies and procedures to serve 
as barriers to abuse and the prompt mandatory reporting of any allegation or suspicion of 
abuse." 

Former TV Personality 'Mr. Wonder' Arrested After Nearly 4 Decades on Child Sex Abuse 
Charges: Officials 

Frank Selas, known by his television name, "Mr. Wonder," is accused of criminal sexual 
conduct with juveniles By Samantha Tatro and Candice Nguyen 

SELAS-Frank Selas. docx 

http://www.nbcsandieao.com/news/local/Mr-Wonder-Arrested-in-San-Dieao-for-37-Year- 

Old-Criminal-Sexual-Conduct-Cold-Case-366624481 .html 

03/17/16 San Antonio, 

Texas 

LDS Jared Anderson was arrested for abusing “ten or more teens and was charged on two 
counts of sexual performance with a child and one count of indecency with a child after 


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several teen boys from his church reported abuse to church officials.” 

The boys were ages 15-17. “The Church of Jesus Christ of Latter-day Saints issued a 
statement” regarding this abuse. “When we learned of the situation, local leaders reported 
it immediately to law enforcement.” 

ANDERSON-Jared Anderson.pdf 

COPS: English teacher hosted sex parties with teen boys 

MARCH 17, 2016 BY VICTOR SKINNER 

http://eaanews.ora/cops-enalish-teacher-hosted-sex-parties-with-teen-bovs/ 

05/31/16 Utah 

Plaintiffs RJ and MM filed a lawsuit against the Church of Jesus Christ of latter-day 
Saints: 

“Plaintiff RJ 

“In approximately August of 1978, Plaintiff RJ, who was approximately 10 years old, was 
baptized a member of the LDS Church in order to become involved in the LPP Then, the 

LDS Defendants removed RJ from his home in Sawmill, Arizona, within the boundaries of 
the Navajo Nation, and placed him with the Lovell family in Oak City, Utah, in approximately 
August of 1978 for the start of what is believed to be RJ's fourth grade year in school. 

During RJ's placement in the Lovell home, RJ was sexually molested on various occasions 
(to include sexual penetration) by a step brother who was about 4 years older. RJ also 
suffered physical, emotional and cultural abuse by his foster mother to include, but not 
limited to, forcibly having his mouth washed out with soap whenever he spoke Navajo to the 
other placement children in the home. 

RJ disclosed the sexual abuse he suffered in 4thgrade and in 5th grade to agents of 

LDS Defendants, including but not limited to his LPP case worker, James (Jaymes) 
Helmstetler, who was believed to be an employee of LDS Social Services. RJ disclosed the 
abuse to Mr. Helmstetler within the Navajo Nation, on at least two different occasions 


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following his 4th and 5th grade years. The locations of these disclosures included the LDS 
Chapel (Window Rock Ward or Branch) in St. Michael's, Arizona and at his home in 
Sawmill, Arizona. 

Plaintiff MM 

Plaintiff MM is an adult female residing who is an enrolled member of the Navajo Nation and 
resides within the boundaries of the Navajo Nation. At all relevant times, MM was a minor 
residing within* the Navajo Nation. In approximately 1976, when Plaintiff MM was 
approximately 11 years old, she was baptized a member of the LDS Church in order to 
participate in the LPP. Then, the LDS Defendants removed MM from her home in Sawmill, 
Arizona, within the boundaries of the Navajo Nation, and placed her with the Munger family 
in Gunnison, Utah, in approximately August of 1976 for the start of what is believed to be 
MM's fifth grade year in school. During MM's placement in the Munger home, she was 
raped (sexual intercourse) by Gary Westlund, a friend of her step brother. This pedophile 
was believed to be approximately 40 years old at the time. Prior to this rape, Westlund was 
a frequent visitor and present in the Munger home; his presence and familiarity towards 
MM was known not only to the foster brother but also to MM's foster parents. 

MM returned to the Navajo Nation the summer following her 5th grade year. For her 6th 
grade year, MM was not returned to the Munger family; however, she continued in the LPP. 
From 6th grade through 10th grade, she participated in the LPP without incident. 

For her llthand 12th grades (believed to be 1981-1983), MM was again removed from her 
home within the Navajo Nation by the LDS Defendants and placed with the Edwards family 
in Centerfield, Utah. During her placement with the Edwards family, MM was sexually 
abused by her foster father 

Additionally, MM became aware that her younger brother and younger sister, who were 
also placed with this same family, were being sexually abused.” 

NON-Monetary changes were listed in the Complaint to include: 

POLICY CHANGES 


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42. That the LDS Defendants change their current corporate policies regarding reporting 
of suspected child sexual abuse. Upon information and belief, the current policy as set forth 
in 2010 Handbook 2: Administering the Church, Section 13.6.18, which provides that "[i]f a 
leader becomes aware of physical, sexual or emotional abuse of someone during a Church 
activity, he or she should contact the bishop immediately." 

Instructions for bishops are provided in Handbook 1 : 1 7.3.2, which provides in pertinent part, 
"[i]n the United States and Canada, the Church has established a help line to assist stake 
presidents and bishops in cases of abuse ... When calling the help line, leaders will be able 
to consult with professional counselors and legal specialists who can help answer questions 
and formulate steps to take ... Leaders can obtain information about local reporting 
requirements through the help line. Where reporting is required by law, the leader 
encourages the member to secure qualified legal advice. To avoid implicating the Church 
in legal matters to which it is not a party, Church leaders should avoid testifying in civil or 
criminal cases or other proceedings involving abuse." Handbook 1, State Presidents and 
Bishops 2010, Section 17.3.2.” 

NAVAJO CASE RJ AND MM NAVAJO-AMMENDED-COMPLAINT.PDF 
http://noakerlaw.com/wp-content/uploads/2016/03/Complaint-for-Personal-lnjurv-RJ-MM-v- 

LDS-.pdf 

05/31/16 Gallup, New 

Mexico 

A Navajo woman identified as B.N. says she was sexually molested and raped multiple 
times while in foster care and by health care providers in Utah, from 1965 to 1972. She was 
among thousands of American Indians who participated in the church's Indian Student 
Placement Program. 

http://abcnews.ao.com/Health/wireStorv/mormon-church-hit-lawsuit-children-abused- 

39516438 

Mormon Church Hit With Second Lawsuit Saying Children Abused 

By FELICIA FONSECA, ASSOCIATED PRESS May 31 , 2016, 9:26 PM ET 


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“Native Americans who were part of a little-known Mormon program from 1947 to the mid- 
1 990s share much of the same story. Year after year, missionaries or other members of the 
Church of Jesus-Christ of Latter-day Saints approached these families and invited their 
children into Mormon foster homes. As part of the Mormon Indian Student Placement 
Program, Native American children would live with Mormon families during the school year, 
an experience designed to “provide educational, spiritual, social, and cultural opportunities 
in non-Indian community life,” according to the Church. Typically, the Mormon foster families 
were white and financially stable. Native American children who weren’t already Mormon 
were baptized. And some of them now claim they were sexually abused. 

“They knew there were things going on. They just turned around and closed their eyes to it,” 
said BN, a former participant of the program who has filed a sexual-abuse lawsuit against 
the LDS Church, and who remains anonymous in court documents, in an interview. So far, 
three sexual-abuse lawsuits involving four past participants have been filed in Navajo 
Nation District Court. No criminal charges have been brought against the defendants, who 
are also anonymous in all pleadings. The alleged victims include a brother and sister who 
were both in the program. The brother, referred to in court documents as RJ, claims in the 
lawsuit that he was not only sexually abused, but physically and emotionally abused, and 
forcibly had “his mouth washed out with soap whenever he spoke Navajo to the other 
placement children in the home,” according to court documents. A fourth lawsuit is pending, 
according to their lawyer.” 

https://www.theatlantic.com/politics/archive/2016/1Q/why-some-native-americans-are-suina- 

the-mormon-church/504944/ 

Lily Fowler, Atlantic Magazine, October 23, 2016 

“According to the 1968 version of the Lamanite Handbook of the Church of Jesus Christ of 
Latter-day Saints, in September of 1 946, the acting President of the Church, George Albert 
Smith, appointed Spencer W. Kimball to head the General Lamanite Committee with the 
charge "to see that the gospel was carried to all the children of Lehi (which includes the 
Lamanites) all over the world." Kimball's commitment to the Native Americans (commonly 
referred to as Lamanites by the Defendants) is explained in a January 7, 2016 article in 


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Indian Country Today: 

Kimball's commitment to the Native Americans stemmed from the Mormon belief that 
America's indigenous people actually fled from Israel in the year 600 B.C. After settling in 
an unspecified location in the Americas, the people split up into 
two groups: the Nephites, a righteous and civilized people; and the Lamanites, an "idle, 
savage and bloodthirsty" people who, after hardening their hearts, were cursed by God 
with a "skin of blackness" and thus became "loathsome." 

Read more at 

http:1/indiancountrytoda ymedianetwork.com /2016/01107/assimilation-tooh or-blessing- 
inside-mormon-indian-student-placement-program-J 62959 

“The LDS Church's desire to convert Native American or "Lamanite" children and assimilate 
them into their culture reflects teachings in the Book of Mormon, a book of canonized 
scripture unique to the Mormon religion. According to this canonized Mormon scripture, 
because the Lamanites had hardened their hearts against the Lord, they were cursed with a 
"skin of blackness" to distinguish them from the righteous Nephites. 

And he had caused the cursing to come upon them, yea, even a sore cursing, because of 
their iniquity. For behold, they had hardened their hearts against him, that they had become 
like unto a flint; wherefore, as they were white, and exceedingly fair and delightsome, that 
they might not be enticing unto my people the Lord God did cause a skin of blackness to 
come upon them. (2 Nephi 5:21 , Book of Mormon).” 

“At the time the Plaintiffs were taken from the Navajo Nation and placed into Mormon foster 
homes, the LDS Church taught that the Native Americans, including the Plaintiffs, were 
Lamanites as described in the Book of Mormon and summarized above. The leaders of the 
LDS Church felt driven to instruct the Lamanites within the Navajo Nation concerning their 
true ancestry and convert them back to the one true faith. Therefore, converting the Navajo 
Nation children and immersing them into white Mormon culture was not only rooted in 
Mormon scripture but believed to be divinely directed as the way to redeem and restore the 


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"Lamanites" to their prophetic destiny. An example of this belief is a quote b.y long time 
Mormon Prophet, Spencer W. Kimball, who suggested that Latter-day Saint Native 

Americans was gradually turning lighter, essentially breaking the dark skin curse:l saw a 
striking contrast in the progress of the Indian people today... The day of the Lamanites is 
nigh. For years they have been growing delightsome, and they are now becoming white and 
delightsome, as they were promised. In this picture of the twenty Lamanite missionaries, 
fifteen of the twenty were as light as Anglos, five were darker but equally delightsome. The 
children in the home placement program in Utah are often lighter than their brothers and 
sisters in the hogans on the reservation. At one meeting a father and mother and their 
sixteen-year-old daughter we represent, the little member girl-sixteen-sitting between the 
dark father and mother, and it was evident she was several shades lighter than her parents- 
on the same reservation, in the same hogan, subject to the same sun and wind and 
weather.... These young members of the Church are changing to whiteness and to 
delightsomeness. Conference Report, October 1960; Improvement Era, December 1960, 
pp. 922-23.” 

NAVAJO CASE RJ and MM Navajo-amended-complaint.pdf 

06/06/16 Arizona 

LK, Plaintiff VS THE CORPORATION OF THE PRESIDENT OF THE CHURCH OF 

JESUS CHRIST LATTER-DAY SAINTS, a Utah corporation; LDS FAMILY SERVICES, 
a Utah corporation, Defendants 

Excerpts from a case brought against the Church of Jesus Christ and LDS Family Services 
follow: 

“4. Plaintiff LK is an adult male who is an enrolled member of the Navajo Nation, and 
resided within the boundaries of the Navajo Nation at the inception of the events set forth in 
this complaint. Plaintiff was a minor at the time of the sexual abuse alleged herein. During 
the relevant time period, Plaintiff was a resident of the Navajo Nation where he was taken 
from the Navajo Nation by the Defendants and placed with foster families in Utah. There, 
Plaintiff was sexually abused. The name used by Plaintiff in this Complaint is not the real 


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name of Plaintiff, but is a fictitious name used to protect the privacy of Plaintiff, a victim of 
childhood sexual abuse. 

13. In approximately August of 1976, Plaintiff LK, who was approximately 9 years old, was 
baptized a member of the LDS Church in order to become involved in the LPP. He 
participated in the program during his 5th and 6th grade year without incident. 

14. In approximately August of 1978, the LDS Defendants removed LKfrom his home within 
the boundaries of the Navajo Nation, and placed him with the R-Family in Roy, Utah, for the 
start of what is believed to be LK's seventh grade year in school. During LK's placement in 
the R-Home, LK was sexually molested on various occasions by his foster father, R-Foster 
father. LK also suffered physical, emotional and cultural abuse by his foster mother and 
foster father. 

15. LK disclosed the sexual abuse he suffered in 7th grade to agents of LDS Defendants, 
including but not limited to his LPP case worker, Brother Skadlock, who was believed to be 
an employee of LDS Social Services. It is believed that this disclosure occurred during the 
Christmas break. Despite this disclosure, LK was told he had to remain in the R-Home until 
the school year ended.” 

LK-Filed-Complaint.pdf 

http://noakerlaw.com/wp-content/uploads/2016/06/LK-filed-Complaint.pdf 

10/28/16 Las Vegas, 

Nevada 

LDS Martin Gillen, a repeat child sexual abuser, “faces five felony counts that could send 
him to prison for life without the possibility of parole: first-degree kidnapping, child abuse, 
neglect or endangerment with substantial bodily harm, sexual abuse or exploitation, 
lewdness with a child under 14 (the child was 10-years-old), use of a minor in the 

production of pornography, and burglary The family thought of Gillen as “a friend. They 

met Gillen through The Church of Jesus Christ ofLatter-day Saints, through which he served 
as a home teacher.” 


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“Outside of court, the girl’s father struggled with how his “unbelievable amount of trust” and 
friendship had been violated. Prosecutors said that after Gillen was fired from a sales 
managing job last year, his former employers found child pornography on the laptop he had 
been loaned.” 

Gillen “was welcomed into people’s homes under the guise of being a devoutly religious 
man,” Chief Deputy District Attorney Dena Rinetti wrote in court papers. “He befriends 
parents and then victimizes their children. Rinetti called him “an extreme danger to the 
community.” 

It wasn’t the first time Gillen faced sexual allegations involving a child. In 2002, Gillen was 
convicted of sexual assault with a 6-year-old and sentenced to eight years behind bars in 
Colorado. Sometime after being released from prison, Gillen moved to Southern Nevada. 
http://www.reviewjournal.com/crime/sex-crimes/former-mormon-home-teacher-held-520k- 

bail-childlewdness-case 

Former Mormon home teacher held on $520K bail in child lewdness case By DAVID 
FERRARA LAS VEGAS REVIEW-JOURNAL 

GILLEN-Martin Gillen.pdf 

“Eric Hawkins, director of media relations for the church, wrote in an email that “the accused 
perpetrator was never employed by the Church in any way and the Church has no home 
school program.” 

The church’s website provides the following description of home teaching: “As part of their 
responsibility to watch over the members of the Church, home teachers visit their assigned 
families at least once each month to teach and strengthen them. Home teachers establish a 
relationship of trust with these families so that the families can call upon them in times of 
need.” 

“In 2002, Gillen was convicted of sexual assault with a child and sentenced to eight years 


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behind bars.” 

“The Church places an annotation on the membership record of any member who has 
previously abused children,” according to a page on the church’s website titled “How the 
Church Approaches Abuse.” 

“This record follows them to any congregation where they move, anywhere in the world. 
When a bishop sees the annotation, he calls the Church and is given clear direction that an 
individual who has abused children should not be given a position with children. 

“If those convicted of child abuse pay the legal price for their crimes and undergo the 
rigorous repentance process, they can be forgiven and may regain their membership.” 
Hawkins said he did not know whether Gillen had an annotation on his church record.” 

GILLEN-Martin Gillen 2.pdf 

https://www.reviewiournal.com/crime/sex-crimes/mormon-official-savs-henderson-man- 

charaed-in-lewdness-case-was-never-emploved-bv-church/ 

Mormon official says Henderson man charged in lewdness case ‘was never employed’ by 
church By DAVID FERRARA LAS VEGAS REVIEW-JOURNAL October 28, 2016 - 

11/16/16 Utah 

The Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, 
a Utah Corporation; and LDS Family Services, a Utah Non-Profit Corporation, 

Plaintiffs, v.RJ, MM, BN, and LK, individuals, Defendants. Case No. 2:16-cv-00453- 
RJS-BCW 2016 WL 6783217 

In a motion to the court the Church of Jesus Christ “brought action seeking a declaration 
that a tribal court lacked jurisdiction to adjudicate claims of sexual abuse brought by then- 
child participants in a church placement program. Church moved for a preliminary injunction 
and participants moved to dismiss for failure to state a claim. 

[Holding:] The District Court, Robert J. Shelby , J., held that church failed to clearly show 
that the tribal court clearly lacked jurisdiction over the claims. Church's motion denied and 


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participant's motion granted. 

*1 This case relates to lawsuits presently pending before the Navajo Nation District Court. 

In those cases, Defendants RJ, MM, BN, and LK (Doe Defendants) allege that they suffered 
abuse years ago after Plaintiffs, the Corporation of the President of the Church of Jesus 
Christ of Latter-Day Saints and LDS Family Services, placed them off-reservation with LDS 
families as part of the Indian Student Placement Program (ISPP). In their Amended 
Complaint, Plaintiffs here seek a declaration that the Navajo Nation District Court lacks 
jurisdiction to Corporation of President of the Church of Jesus Christ of..., — F.Supp.3d — 
(2016) 

© 2017 Thomson Reuters. No claim to original U.S. Government Works. 3 
adjudicate the underlying cases, and request an injunction prohibiting Doe Defendants from 
proceeding with their cases in Tribal Court. Plaintiffs argue that the Tribal Court clearly lacks 
jurisdiction over Doe Defendants' claims, and that this court should so find now, without 
requiring Plaintiffs to exhaust their Tribal Court remedies by presenting their jurisdictional 
arguments to the Tribal Court in the first instance. 

Two motions are before the court: (1) Plaintiffs' Motion for Preliminary Injunction and (2) 
Defendants' Motion to Dismiss. For the reasons detailed below, the court grants Doe 
Defendants' Motion to Dismiss, concluding that Plaintiffs must exhaust their Tribal Court 
remedies before seeking relief from this court. Because the court grants the Motion to 
Dismiss, it denies as moot Plaintiffs' ” 

“CONCLUSION 

*9 Plaintiffs have failed at this stage in the proceeding to meet their substantial burden of 
showing that Tribal Court jurisdiction is clearly foreclosed. While it appears that jurisdiction 
over certain claims — including those for direct liability for the sexual assaults — may be 
foreclosed, it is not clear that Tribal Court jurisdiction is clearly lacking for all of Doe 
Defendants' claims. Because Plaintiffs request an injunction that would prevent Doe 
Defendants from proceeding in Tribal Court on any of their claims, it was Plaintiffs' burden to 
show that all routes to jurisdiction were clearly foreclosed. The court GRANTS Doe 


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Defendants' Motion to Dismiss. (Dkt. 20.) Plaintiffs must first exhaust their remedies in the 
Tribal Court before seeking redress in this court. The case is dismissed without prejudice. 

The court DENIES as moot Plaintiffs' Motion for Preliminary Injunction. (Dkt. 19.) The Clerk 
of Court is directed to close the case. SO ORDERED this 16th day of November, 2016.” 

COP AND LDS SocialServices v RJ MM BN AND LD-Navajo November 201 6.pdf 

01/26/17 Arizona 

Victim IR filed a lawsuit against The Church of Jesus Christ of Latter-day Saints alleging 
sexual abuse while in a church-run program called the Lamanite Placement Program or the 
Indian Placement Program for Navajo children. Native American children who were baptized 
into the LDS Church were placed in foster homes of LDS members in order to become 
“white and delightsome” (BOM). An estimated 50,000 children went through the program. 
'The following lawsuit was filed in Navajo Nation District Court in New Mexico and accuses 
the LDS Church of not doing anything about the sexual and physical abuse of children in 
this church’s Program. 

“The lawsuit claims that in 1968, the girl was sexually abused while participating in the 
program, which took children out of their homes on the reservation, baptized them into the 
Mormon faith and placed them in foster homes in Utah. She alleges the abuse lasted for 
two years and she went to her caseworker and asked to be placed in another home. The 
lawsuit claims the caseworker did nothing about her request.” 

http://fox13now.com/2017/01/26/another-lawsuit-filed-aaainst-lds-church-alleaina-sex- 

abuse-innavajo-proaram/ 

VICTIM IR-Fox news report.pdf 

In IR v The Corporation THE CORPORATION OF THE PRESIDENT OF THE CHURCH OF 
JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation; LDS FAMILY SERVICES, a 
Utah corporation: 

“In approximately August of 1968, Plaintiff IR, who was approximately fifteen (15) years old, 


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was baptized a member of the LOS Church in order to become involved in the LPP. Then, 
the LDS Defendants removed IR from her home in Ft. Defiance, Arizona, within the 
boundaries of the Navajo Nation, and placed her with the V family in Spanish Fork, Utah, for 
the start of what is 

believed to be IR's eighth (8th) grade year in school. During IR's placement in the V home, 
IR was sexually molested on various occasions (sexual penetration) by Mr. V starting 
during her ninth 9th grade year.” The abuse continued until her 11th grade year.” 

“ As a direct result of the wrongful conduct alleged herein, IR has suffered, and continues to 
suffer great pain of mind and body, shock, emotional distress, physical manifestations of 
emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of 
enjoyment of life; has suffered and continues to suffer spiritually; was prevented and will 
continue to be prevented from performing Plaintiffs daily activities and obtaining the full 
enjoyment of life; has sustained and continues to sustain loss of earnings and earning 
capacity; and/or has incurred and continues to incur expenses for medical and 
psychological treatment, therapy, and counseling.” 

VICTIM IR-COMPLAINT.pdf 

http://noakerlaw.com/wp-content/uploads/2017/01/IR-Complaint.pdf 

“The lawsuit states that in 1971 , the girl left the program and went back to the Navajo 
reservation .“Inexplicably, after IR returned with her family to the Navajo Nation, her LDS 
case worker traveled there to try and persuade her to return to the very home where she 
was being sexually abused,” her attorney, Craig Vernon, said in a prepared statement. Her 
attorneys said IR refused.” 

IR is the fifth person to file a lawsuit against the LDS Church alleging sexual abuse while in 
the Indian Placement Program. 

The church discontinued the program in the 1990s and has said it has made changes to its 


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abuse reporting policies — including a system of tracking abusers. An LDS Church 
spokesman declined to comment on the lawsuit. 

Lawyers for the alleged sex abuse victims have been pushing to depose LDS Church 
President Thomas S. Monson as a part of their lawsuit. The LDS Church has fought those 
efforts. 

Another lawsuit filed against LDS Church alleging sex abuse in Navajo program BY BEN 
WINSLOW, UPDATED AT 12:07PM, JANUARY 26, 2017 

http://fox13now.com/2017/01/26/another-lawsuit-filed-aaainst-lds-church-alleaina-sex- 

abuse-innavajo-proaram/ 

VICTIM IR Fox news report.pdf 

03/01/17 St. George, Utah 

LDS Kim Charles Nelson, 70 pled guilty “to two counts of unlawful sexual activity with a 
minor — who was 1 6 and 1 7 years old at the time.” Nelson and the boy were in the same 
LDS ward. Nelson was found guilty and was sentenced to five years in prison plus 
restitution. Deputy County Attorney Zachary Weiland said Nelson disclosed details of the 
abuse he was inflicting on the victim to LDS ecclesiastical leaders, and the issue went 
through the LDS disciplinary council. 

"They did nothing," Weiland said. "And nothing was done for the victim." The victim has 
since tried to commit suicide multiple times, Weiland said. 

NELSON-Kim Charles Nelson.pdf 

http://www.thespectrum.com/storv/news/local/2017/05/10/prison-lds-mentor-who- 

sexuallvabused-minor/1 01 525242/ 

03/22/17 Ireland 

LDS Joseph Shanks “an Irish Mormon Missionary who tried to have sex with three children 
he thought he had lured over the internet, was nabbed in a sting operation by UK police. 

The 63-year-old married father turned up to rape the victims he thought were aged nine, six 
and three. Shanks, lives in the Church ....missionary home in Chorley Lancashire and was 


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jailed for seven years on Monday after admitting ten sex charges. He was “carrying a USB 
stick with thousands of vile abuse images of children.” 

SHANKS-Joseph Shanks. docx 

Irish Mormon missionary who tried to lure kids for sex is nabbed in sting operation 

Pervert Joseph Shanks claimed he was doing “charity work” and would be rewarded by God 
BY BEN CUSACK PAUL HOOPER 

http://www.irishmirror.ie/news/irish-news/irish-mormon-missionarv-who-tried-10076289 


05/01/17 Boise, Idaho 

LDS Douglas R. Bowen was accused of sexual abuse in the 1970's. Bowen arrested in 

1997 for attempted sexual abuse of a Scout, Deseret News AP story 12/16/97. Registered 
sex offender - Utah. Convicted of Attempted Aggravated Sexual Abuse of a Child in 
September, 1997. 

http://www.idahobovscoutabuse.com/perpetrators/doualas-bowen/ 

Perpetrator: Bowen, Douglas R. - Mormon 

Place: Boise 

Troop & Location: Boise LDS Boy Scout Troop 

Years in BSA: No IV File Late 70's Early 80's 

Timeline for Douglas Ray Bowen: 

DOB: 4/1950 (SSN Issued in California) 

Late 1970’s May have abused several Scouts, including two brothers, in Boise. 

1982 LDS Bishop called brothers into his office and asked if they had been molested by 
Bowen, which at least one brother denied. Bowen was allegedly kicked out of LDS ward in 
Boise and rumored to have moved to Oregon and was possibly working for the Ore-lda 
Council. 

1974 

Authored Creative Campfires, which was published by Thorne Printing Co., Inc. in 


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Nampa, Idaho. The book is “Dedicated to the hundreds of Scouts of the Cache 
Valley, Redwood Area, and Ore-lda Councils who provided the inspiration for this 
book by coming to summer camp and responding so enthusiastically to the campfire 
programs.” Book is currently recommended on various Troop websites and is 
available in Scout Shops and Scout-related sites on the web. 

March 1987 

Had a RO. Box in Price, Utah. 

1987-1990 

Lived in Buena Park, California and Los Angeles, California. (No court records in 
Orange County or Los Angeles County.) 

1990 - Present 

St. George, Utah. 

Fall 1997 

Arrested and Convicted of Attempted Aggravated Sexual Abuse of a Child, Iron 
County, Utah. The victim was a Scout and the abuse occurred on or about March 7, 
1997 on a scouting excursion. Spent six months in the Iron County Jail and then 
placed on two years of probation. Released from probation in 1999. Was a 
registered sex offender, but no longer registered. 

Current 

Mormon. Married and lives in St. George, Utah. Has three to four children, ages 21 
to 30 years old. Has at least one grandson who was born in July 2011 . 

The above is verbatim from: 

http://www.idahoboyscoutabuse.com/perpetrators/doualas-bowen/ 

BOWEN-Douglas Bowen 2.pdf 

The following case was filed on May 1, 2017 and it alleges that two plaintiffs (John doe XXI 
and John DOE XXII) were abused by BOWEN. 

JOHN DOE XX, JOHN DOE XXI, JOHN DOE XXII, SHANE JULIAN, and RILEY GILROY, 
Plaintiffs, v. BOY SCOUTS OF AMERICA, a congressionally chartered corporation 
authorized to do business in Idaho; CORPORATION OF THE PRESIDING 


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BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a foreign 
corporation sole registered to do business in Idaho; and CORPORATION OF THE 
PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS AND 
SUCCESSORS, a foreign corporation registered to do business in Idaho, 

Defendants. 


“ALLEGATIONS SPECIFIC TO JOHN DOE XXI 

17. 


Plaintiff John Doe XXI realleges and incorporates by reference paragraphs 1 -16. 

18. 


John Doe XXI was born in 1963. 

At all times relevant to this Complaint, John Doe XXI was a child involved in Scouting, in 
Scout Troop 20, by the LDS Defendants Boise Fifth Ward. John Doe XXI was under the 
care, custody, protection, and/or responsibility of each Defendant during the time he was 
involved in Scouting. 

20. 


One of leaders of Scout Troop 20 was Doug Bowen. In or around approximately 1 974 or 
1975, Bowen sexually abused John Doe XXI during a Scout camping event, by kissing and 
fondling him, engaging in masturbation, and engaging in other acts of sexual and emotional 
abuse. 

21. 


As a Scout leader for Troop 20, Bowen abused at least two other Scouts, in addition to John 
Doe XXII, and attempted to abuse at least one other Scout, in the troop. 


Page 7 COMPLAINT 

19. 


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At all times relevant to this Complaint, John Doe XXI was a child involved in Scouting, in 
Scout Troop 20, by the LDS Defendants Boise Fifth Ward. John Doe XXI was under the 
care, custody, protection, and/or responsibility of each Defendant during the time he was 
involved in Scouting. 

20. 


One of leaders of Scout Troop 20 was Doug Bowen. In or around approximately 1 974 or 
1975, Bowen sexually abused John Doe XXI during a Scout camping event, by kissing and 
fondling him, engaging in masturbation, and engaging in other acts of sexual and emotional 
abuse. 

21. 


As a Scout leader for Troop 20, Bowen abused at least two other Scouts, in addition to John 
Doe XXII, and attempted to abuse at least one other Scout, in the troop. 


ALLEGATIONS SPECIFIC TO JOHN DOE XXII 

22. 


Plaintiff John Doe XXII re-alleges and incorporates by reference paragraphs 1 -21 . 

23. 


John Doe XXII was born in 1963. 

24. 


At all times relevant to this Complaint, John Doe XXII was a child involved in Scouting, in 
Scout Troop 20, by the LDS Defendants Boise Fifth Ward. John Doe XXII was under the 
care, custody, protection, and/or responsibility of each Defendant during the time he was 
involved in Scouting. 

Ill 


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Case 1 :17-cv-00184-CWD Document 1 Filed 05/01/17 Page 7 of 24 

Page 8 COMPLAINT 

25. 

One of leaders of Scout Troop 20 was Doug Bowen. In or around approximately 1 974 or 
1975, Bowen sexually abused John Doe XXII during a Scout camping event, by kissing and 
fondling him multiple times, and engaging in other acts of sexual and emotional abuse. 

26. 

As a Scout leader for Troop 20, Bowen abused at least two other Scouts, in addition to John 
Doe XXI, and attempted to abuse at least one other Scout, in the troop. 

62. 

Within the past three years Plaintiffs discovered and continue to discover that, throughout 
the time they were involved in the Scouting program and until at least 2010, Defendants 
perpetrated a fraud related to the dangers of Scout leaders sexually abusing children in the 
Scouting program. Prior to each Plaintiff’s discovery ofDefendants’ fraud, each Plaintiff did 
not know and could not know that Defendants’ misrepresentations, or lack thereof, 
regarding the trustworthiness of Scout leaders and the safety of the Scouting program were 
false, and that Defendants knew the Scouting program was structured in such a way that 
sexual abuse of Scouts by Scout leaders was certain to occur to some degree within the 
Scouting program.” 

BOWEN-Doug Bowen 1-COMPLAINT Idaho II Case 1 :17-cv-00184-CWD .pdf 

05/02/17 Boise, Idaho 

LDS James Schmidt was Convicted of Lewd Conduct with a Minor in February, 1983 in 
Idaho, and again in October, 1996 in Maryland. Accused of molesting scouts in the 1970's 
and 1980's and on May 1st, 2017 another case was brought against the LDS Church and 


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the Boy Scouts of America due to Schmidt's sexual molestation of children. 

The following is a history and timeline and the case allegations will follow: 

Sex Offender Registry Details 

Perpetrator: Schmidt, James - Mormon 
Place: Caldwell, Nampa 

Troop & Location: Troop 228 - Caldwell, Troop 200 - Wilder, Ore-lda Council 106 
Years in BSA: Put in IV Files in 1983, Scouting from 1977-1983 
Evidence of LDS Knowledge: 

In the file there are letters of complaint about Schmidt going back to 1979 and on May 13, 
1981 a letter from Rex J. Black, Council Executive to Paul ERNST BSA National states that 
Rex “received a call from (REDACTED), a member of the LDS Nampa, Idaho, Stake 
Presidency. He related that about four month earlier that Jim Schmidt was involved in 
Homosexual activities. Jim has some mental and physical problems and has been in the 
State Hospital quite a while; therefore no “church court” was held concerning 
excommunication from the LDS Church, but he was asked to cease Scouting activities in 
the Ward and Stake. Jim has become active in the district and in other units even though in 
our conference of July 20.1979 he had agreed not to. Continuing with the telephone call 
from (REDACTED) on May 12-President (REDACTED) related that he had a call from a 
mother in one of the “non-LDS” units where Jim Schmidt had become associated. Jim had 
been making homosexual advances with the youth there. I have discussed this with our 
President, Roy Arnold, and feel that I should again meet with Jim and ask him to cease his 
activities and present him with the enclosed letter. As indicated in the 1979 letter his first 
reaction will be to fight legally, but I think I can calm him and void a public conflict. Sincerely 
Rex J. Black Council Executive.” 

Schmidt 1 -BSA File.pdf 

And another letter from BSA Rex Black dated February 25,1983 to their legal Counsel 
"Dear Dave: Last week Jim Schmidt was arrested and charged with lewd conduct ...The 


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police are stating that he will receive other charges dealing with other boys. There is 
considerable adverse publicity locally. I'm getting some pressure stating that I was aware of 
the situation for more than four years but I did nothing." SCHMIDT-James Schmidt 1-BSA 
File.pdf http://documents.latimes.com/james-phillip-schmidt/ 

The following is verbatim from: 

http://www.idahoboyscoutabuse.com/perpetrators/jim-schmidt/ 

Timeline for James Philip Schmidt: 

Born 1 1/24/1 944SSN Issued in Idaho 
1960’s through 1983 

Lived and worked in the Caldwell-Nampa-Boise area. 

Summer, 1977 

Molested Scout at scout camp. 

6/19/79 

Mother of Scout reports abuse to Rex Black, Ore-lda Council Executive 
7/20/79 

Rex Black confronts Schmidt. Schmidt says accusations were two years ago and 
that he did not do it. Schmidt agreed to stay away from camp, but wanted to 
continue with his “own” unit. 

9/18/79 

Rex Black notifies Vern Dunn, associate director of BSAof the accusations made 
toward Schmidt. 

5/12/81 

Rex Black was notified by the LDS Stake President, Jerry Hess, that Schmidt had 
been involved in “homosexual” activities, but he did not want to remove him from 
church because of his mental problems, and decided not to send Schmidt to “church 
court”. Conf 009213 
5/12/81 

Rex Black acknowledged that Schmidt was still active in scouting despite being told 
to stay away in July, 1979. 


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7/2/81 

Rex Black received the IV File record sheet from Paul Ernst, BSA Registration. 
10/12/81 

Rex Black received a second request for the form from Paul Ernst. 

1 982 Schmidt was registered as Scouting Coordinator for Troop 228, Caldwell 
Methodist Church. Conf 009202 
2/18/82 

Rex Black sent a letter to Paul Ernst requesting that Schmidt not be put in the IV 
Files. 

2/25/83 

Schmidt arrested for lewd conduct with a boy on a Cub Scout camping trip. 

3/17/83 

Schmidt finally put in the IV Files. 

6/1983 

Received suspended sentence and sent to Maryland for treatment. (Idaho 
Statesman) 

10/7/1996 

Convicted of Sex Abuse of a Minor in Maryland. 

Current Registered Sex Offender. 
http://www.idahoboyscoutabuse.com/perpetrators/jim-schmidt/ 

SCHMIDT-James Schmidt 8.pdf 

JOHN DOE XX, JOHN DOE XXI, JOHN DOE XXII, SHANE JULIAN, and RILEY GILROY, 
Plaintiffs, v. BOY SCOUTS OF AMERICA, a congressionally chartered corporation 
authorized to do business in Idaho; CORPORATION OF THE PRESIDING 
BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a foreign 
corporation sole registered to do business in Idaho; and CORPORATION OF THE 
PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS AND 
SUCCESSORS, a foreign corporation registered to do business in Idaho, 


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Defendants. 

ALLEGATIONS SPECIFIC TO PLAINTIFF SHANE JULIAN 

27. 

Plaintiff Shane Julian (“Julian”) re-alleges and incorporates by reference paragraphs 1 -26. 

28. 

Julian was born in 1973. 

29. 

At all times relevant to this Complaint, Julian was a child involved in Cub Scouting, in a den 
that, on information and belief, was sponsored or operated by the LDS Defendants Caldwell 
Fourth Ward. Julian was under the care, custody, protection, and/or responsibility of each 
Defendant during the time he was involved in Scouting. 

30. 

One of leaders of Julian’s den was James Schmidt. In or around approximately 1982, 
Schmidt sexually abused Julian at Schmidt’s home by engaging in oral sex. Schmidt’s 
sexual abuse of Julian also included other acts of physical, sexual, and emotional abuse. 
SCHMIDT-James Schmidt-Complaint Idaho. Case 1 :17-cv-00184 CWD.pdf 

“For the second time in his life, Riley Gilroy is turning to the courts to right a wrong. 

The first time was when he was 9 years old and his mother, a single parent in Caldwell, 
thought he needed a male role model.... 

“Caldwell’s Church of Jesus Christ of Latter-day Saints 4th Ward recommended the Boy 
Scouts — Scouting has been a sanctioned LDS program for nearly 100 years, and the 
church is Idaho’s largest sponsor of it. Gilroy and his best friend joined the ward’s Cub 
Scout den in 1982.” “That’s where I met Jim Schmidt who, over a period of time, proceeded 
to molest me and other Cub Scouts,” Gilroy said.” 

’’Gilroy, 44, now lives in Massachusetts. Earlier this year, he found out the Boy Scouts had 
an “ineligible volunteer” file on Schmidt, part of a decades-old file system that tracks sexual 
misconduct and other transgressions.” 


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“The Boy Scouts’ paperwork on Schmidt’s problems started in 1979 — three years before 
Schmidt started sexually abusing Gilroy.” 

“The first entries are two handwritten statements from two Boy Scouts given to Ore-lda 
Council Executive Rex J. Black in June 1979. An example: “The summer of 1977, when I 
was twelve at Boy Scout camp ... we slept in Jim Schmidt’s tent. ... Jim Schmidt tried to get 
his hands down my pants. I knocked his hand away and rolled over. I was scared because 
of this and because he said there was something out there. He said it was a wolverine but I 
knew there were no wolverines around that area.” 

“Black took the 1979 complaints to Schmidt, who said he was innocent. Black then 
instructed Schmidt to have an adult present when he doing Scouting activities. 

In 1 981 , a member of the LDS Nampa Stake Presidency called Black to say Schmidt was 
involved in “homosexual activities” involving youth. Black told the Ore-lda Council president, 
who gave Black a letter for Schmidt stating his registration with the Boy Scouts had been 
suspended.” 

Black also sent a letter to the national office in Texas recounting what he had been told: 

“Jim (Schmidt) has some mental and physical problems and has been in the State Hospital 
quite a while; therefore, no ‘church court’ was held concerning excommunication from the 
LDS Church, but he was asked to cease Scouting activities in the Ward and Stake.” 

“In early 1982, the same year Gilroy joined Cub Scouts, Black responded: “After careful 
study, I do not feel that Jim Schmidt should be put on the confidential file. There is probably 
no chance he that he will leave this council, and I’ll watch for any wrongdoing here.”” 

One year later came Schmidt’s arrest. SCHMIDT-James Schmidt 9.pdf 
MAY 10, 2017 12:20 PM 

‘I felt betrayed.’ Former Idaho Scouts speak about abuse they suffered as children BY 
CYNTHIA SEWELL 

http://www.idahostatesman.com/news/local/article1 49736589. html#storylink=cpy 


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